Page images
PDF
EPUB

school was formerly a white or a Negro school. You and your child may select any school you wish.

A choice of school is required for each student entering one of the desegregated grades. These students cannot be enrolled at any school next school year unless a choice of schools is made. This spring there will be a 30-day choice period, beginning 1966, and ending

1966.

If your child will be entering a desegregated grade, a choice form listing the available schools and grades is enclosed. This form must be filled out and returned. You may mail it in the enclosed envelope, or deliver it by hand to any school or to the address above any time during the choice period. No one may require you to file your choice form before the end of the choice period. No preference will be given for choosing early during the choice period.

No principal, teacher or other school official is permitted to influence anyone in making a choice. No one is permitted to favor or penalize any student or other person because of a choice made. Once a choice is made it cannot be changed except for serious hardship.

Even though grades are not desegregated this year, students in those 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 explanatory notice. If your child will be entering one of those grades next year, there is enclosed with this letter 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 last paragraph of the notice.

Also enclosed is an explanatory notice giving full details about the desegregation plan. It tells you how to exercise your rights under the plan, and tells you how teachers, school buses, sports and other activities are being desegregated.

Your school board and the school staff will do everything we can to see to it that the rights of all students are protected and that our desegregation plan is carried out successfully.

Sincerely yours,

Superintendent.

ATTACHMENT 9-TEXT FOR LETTER TO PARENTS FOR USE AFTER 30-DAY SPRING CHOICE PERIOD (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)

(Date sent) DEAR PARENT: Our community has adopted a school desegregation plan. In the coming

[blocks in formation]

all grades in our school system will be desegregated.

Our desegregation plan has been accepted by the U.S. Office of Education under the Civil Rights Act of 1964.

The plan requires every student, or his parent, who will enter grades to choose the school the student will attend in the coming school year. It does not matter which school the student might have attended before, and it does not matter whether that school was formerly a white or a Negro school. You and your child may select any school you wish.

A choice of school is required for each student entering one of the desegregated grades. These students cannot be enrolled at any school next school year unless a choice of schools is made.

If your child will be entering desegregated grade, a choice form listing the available schools and grades is enclosed. This form

must be filled out and returned. You may mail it in the enclosed envelope, or deliver it by hand to any school or to the address above any time before No one may require you to file your choice form before that date.

No principal, teacher, or other school official is permitted to influence anyone in making a choice. No one is permitted to favor or penalize any student or other person because of a choice made. Once a choice is made, it cannot be changed except for serious hardship.

Even though grades ---- are not desegregated this year, students in those 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 explanatory notice. If your child will be entering one of those grades next year, there is enclosed with this letter 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 last paragraph of the notice.

Also enclosed is an explanatory notice giving full details about the desegregation plan. It tells you how to exercise your rights under the plan, and tells you how teachers, school buses, sports and other activities are being desegregated.

Your School Board and the school staff will do everything we can to see to it that the rights of all students are protected and that our desegregation plan carried out

successfully.

Sincerely yours,

Enclosure.

is

Superintendent.

*Insert in text a date at least 7 days after letter is sent to parent.

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

CHAPTER II-SOCIAL AND REHABILITATION SERVICE (ASSISTANCE PROGRAMS), DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE1

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.

212 Assistance for United States citizens returned from foreign countries.

[blocks in formation]

(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 Certification of Grants

§ 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

the basic State laws enabling and limiting the administration of public assistance; a description of the agency's organization and functions; its methods of administration, including the rules and regulations governing personnel administration; policies and interpretations with regard to eligibility for and extent of assistance; a description of its plan for social services and for training of public assistance personnel; fiscal operations; and reporting and research activities. Pertinent Federal policies are set forth in the Handbook of Public Assistance Administration, which also contains detailed instructions and suggestions for the content and submittal of the documents comprising the State public assistance plan. Copies of the Handbook are furnished to each State agency.

§ 201.3 Approval of State plans and amendments.

The State plan consists of written documents furnished by the State to cover each of its programs under the Act: old-age assistance and medical assistance for the aged (title I); aid and services to needy families with children (title IV); aid to the blind (title X); aid to the permanently and totally disabled (title XIV); or aid to the aged, blind, or disabled and medical assistance for the aged (title XVI). The State may submit the common material on more than one program as an integrated plan. However, it must identify the provisions pertinent to each title since a separate plan must be approved under each public assistance title. A plan submitted under title XVI encompasses, under a single plan, the groups otherwise included in the three separate plans under titles I, X, and XIV. After approval of the original plan by the Commissioner, all relevant changes, such as new statutes, rules, regulations, interpretations, and court decisions, are required to be submitted currently so that the Commissioner may determine whether the plan continues to meet Federal requirements and policies.

(a) Submittal. State public assistance plans and revisions of the plans are submitted to the central office through the regional offices. The States are encouraged to obtain consultation of the regional staff when a plan is in process of preparation or revision.

(b) Review. The family service representatives in the regional offices are

responsible for review of State plans and amendments. They also initiate discussion with the State agency on clarification of significant aspects of the plan which come to their attention in the course of this review. State plan material on which the regional staff has questions concerning the application of Federal policy is referred with recommendations as required to the central office for decision. Comments and suggestions, including those of consultants in specified areas of public assistance administration, may be prepared by the central office for use by the regional representatives in negotiations with the State agency.

(c) Approval. The Bureau has been delegated authority to take action on amendments to State plans on the basis of policy statements or precedents previously approved by the Commissioner; the Commissioner has final authority for approval of new or substantially rewritten plans, or amendments to plans that are not within established policy. The Commissioner also has final authority for determining that proposed plan material is not approvable, or that a previously approved plan no longer meets the requirements for approval. The Bureau formally notifies the State agency of the action taken on State plans or revisions, or the need for clarifying information.

(d) Basis for approval. Determinations as to whether State plans (including plan amendments and administrative practice under the plans) orginally meet, or continue to meet, the requirements for approval are based on relevant Federal statutes and regulations and the requirements and policies set forth in the Handbook of Public Assistance Administration and other official issuances to the States.

[merged small][merged small][ocr errors]

of the estimate, together with a certification of State funds available and a 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, ID.C. 20201, not later than 30 days after the end of the quarter.

[ocr errors]

(2) Description of forms. (1) "Report of Estimated Expenditures and Funds to be Available" represents the State agen!cy'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 proIgrams under the Act. The forms also contain the State agency's estimates of the number of recipients to receive ald I 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. 1 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.

86-096-68- -30

(iii) 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.

§ 201.5 Withholding certification; reduction 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 »