(c) A fellow who officially or unofficially withdraws or is expelled from an institution before completion of a term shall refund a prorated portion of the stipends received, as determined by the Secretary. The Secretary requires the institution to return any unexpended funds.

(Authority: 20 U.S.C. 7833)

PART 270-DESEGREGATION OF PUBLIC EDUCATION

Sec.

270.1 What are the Desegregation of Public Education Programs?

270.2 What regulations apply to these programs?

270.3 What definitions apply to these programs?

270.4 What types of projects are funded under these programs?

270.5 What stipends and related reimburse

ments are authorized under these programs?

270.6 What limitation is imposed on providing race and national origin desegregation assistance under these programs? AUTHORITY: 42 U.S.C. 2000c-2000c-2, 2000-5, unless otherwise noted.

SOURCE: 52 FR 24963, July 1, 1987, unless otherwise noted.

§ 270.1 What are the Desegregation of Public Education Programs?

The Desegregation of Public Education Programs provide grants to projects that help public school districts and personnel in the preparation, adoption, and implementation of plans for the desegregation of public schools and in the development of effective methods of coping with special educational problems occasioned by desegregation.

(Authority: 42 U.S.C. 2000c-2000c-2, 2000c-5)

§ 270.2 What regulations apply to these programs?

The following regulations apply to these programs:

(a) The Education Department General Administrative Regulations (EDGAR) in 34 CFR part 74 (Administration of Grants), part 75 (Direct Grant Programs), part 77 (Definitions That Apply to Department Regulations), part 78 (Education Appeal Board), and part 79 (Intergovernmental

Review of Department of Education Programs and Activities), except that 34 CFR 75.200 through 75.217 (relating to the evaluation and competitive review of grants) do not apply to grants awarded under 34 CFR part 271 and 34 CFR 75.232 (relating to the cost analysis) does not apply to grants under 34 CFR part 272.

(b) The regulations in this part and in 34 CFR parts 271 and 272.

(Authority: 42 U.S.C. 2000c-2000c-2, 2000c-5)

$270.3 What definitions apply to these programs?

In addition to the definitions in 34 CFR 77.1, the following definitions apply to the regulations in this part:

Desegregation assistance means the provision of technical assistance (including training) in the areas of race, sex, and national origin desegregation of public elementary and secondary schools.

(Authority: 42 U.S.C. 2000c-2000c-2, 2000c-5)

Desegregation assistance areas means the areas of race, sex, and national origin desegregation.

(Authority: 42 U.S.C. 2000c-2000c-2, 2000c-5)

Desegregation Assistance Center means a regional desegregation technical assistance and training center funded under 34 CFR part 272.

(Authority: 42 U.S.C. 2000c-2000c-2, 2000c-5)

Limited English proficiency has the same meaning under this part as the same term defined in 34 CFR 500.4 of the General Provisions regulations for the Bilingual Education Program. (Authority: 20 U.S.C. 3223(a)(1))

National origin desegregation means the assignment of students to public schools and within those schools without regard to their national origin, including providing students of limited English proficiency with a full opportunity for participation in all educational programs.

(Authority: 42 U.S.C. 2000c(b))

Public school means any elementary or secondary educational institution operated by a State, subdivision of a State, or governmental agency within a State, or operated wholly or

predemoninantly from or through the use of governmental funds or property, or funds or property derived from governmental sources.

(Authority: 42 U.S.C. 2000c(c))

Public school personnel means school board members and persons who are employed by or who work in the schools of a responsible governmental agency, as that term is defined in this section.

(Authority: 42 U.S.C. 2000c(c); 2000c-2000c-2, 2000c-5)

Race desegregation means the assignment of students to public schools and within those schools without regard to their race including providing students with a full opportunity for participation in all educational programs regardless of their race. "Race desegregation" does not mean the assignment of students to public schools to correct conditions of racial separation that are not the result of State or local law or official action.

(Authority: 42 U.S.C. 2000c(b))

agency

Responsible governmental means any school board, State, municipality, school district, or other governmental unit legally responsible for operating a public school or schools.

(Authority: 42 U.S.C. 2000c-2)

School board means any agency or agencies that administer a system of one or more public schools and any other agency that is responsible for the assignment of students to or within that system.

(Authority: 42 U.S.C. 2000c(d))

Sex desegregation means the assignment of students to public schools and within those schools without regard to their sex including providing students with a full opportunity for participation in all educational programs regardless of their sex.

(Authority: 42 U.S.C. 2000c(b))

(b) Desegregation Assistance Centers (DACs).

(Authority: 42 U.S.C. 2000c-2000c-2, 2000c-5)

$270.5 What stipends and related reimbursements are authorized under these programs?

(a) The recipient of an award under 34 CFR parts 271 and 272 may pay:

(1) Stipends to public school personnel who participate in technical assistance or training activities funded under these parts for the period of their attendance, if the person to whom the stipend is paid receives no other compensation for that period; or (2) Reimbursement to a responsible governmental agency that pays substitutes for public school personnel who:

(i) Participate in technical assistance or training activities funded under these parts; and

(ii) Are being compensated by that responsible governmental agency for the period of their attendance.

(b) A recipient may pay the stipends and reimbursements described in this section only if it demonstrates that the payment of these costs is necessary to the success of the technical assistance or training activity, and will not exceed 20 percent of the total award.

(c) If a recipient is authorized by the Secretary to pay stipends or reimbursements (or any combination of these payments), the recipient shall determine the conditions and rates for these payments in accordance with appropriate State policies, or in the absence of State Policies, in accordance with local policies.

(d) A recipient of a grant under 34 CFR parts 271 and 272 may pay a travel allowance described in these parts only to a person who participates in a technical assistance or training activity.

(e) If the participant does not complete the entire scheduled activity, the recipient may pay the participant's transportation to his or her residence or place of employment only if the participant left the training activity because of circumstances not reasonably within his or her control.

(Authority: 42 U.S.C. 2000c-2000c-2, 2000c-5)

§ 270.6 What limitation is imposed on providing race and national origin desegregation assistance under these programs?

(a) Except as provided in paragraph (b) of this section, a recipient of a grant for race or national origin desegregation assistance under these programs may not use funds to assist in the development or implementation of activities or the development of curriculum materials for the direct instruction of students to improve their academic and vocational achievement levels.

(b) A recipient of a grant for national origin desegregation assistance under these programs may use funds to assist in the development and implementation of activities or the development of curriculum materials for the direct instructional of students of limited English proficiency, to afford these students a full opportunity to participate in all educational programs. (Authority: 42 U.S.C. 2000c-2000c-2, 2000c-5)

Subpart D-How Does the Secretary Make a Grant?

271.30 How does the Secretary evaluate an application?

271.31 How does the Secretary determine the amount of the grant?

AUTHORITY: 42 U.S.C. 2000c-2000c-2, 2000c-5, unless otherwise noted.

SOURCE: 52 FR 24964, July 1, 1987, unless otherwise noted.

Subpart A-General

$271.1 What is the State Educational Agency Desegregation Program?

This program provides grants to State educational agencies (SEAs) to enable them to provide technical assistance (including training) at the request of school boards and other responsible governmental agencies in the preparation, adoption, and implementation of plans for the desegregation of public schools and in the development of effective methods of coping with special educational problems occasioned by desegregation.

(Authority: 42 U.S.C. 2000c-2000c-2, 2000c-5)

§ 271.2 Who is eligible to apply for assistance under this program?

An SEA is eligible to apply for a grant under this program. An SEA shall submit one application to provide technical assistance in one, two, or all three of the desegregation assistance areas, as defined in 34 CFR 270.3. (Authority: 42 U.S.C. 2000c-2)

$271.3 What regulations apply to this program?

The following regulations apply to the SEA program:

(a) The regulations in 34 CFR part 270.

(b) The regulations in this part. (Authority: 42 U.S.C. 2000c-2)

$271.4 What definitions apply to this program?

The definitions in 34 CFR 270.3 apply to the SEA program

(Authority: 42 U.S.C. 2000c-2)

Subpart B-What Kinds of Activities Does the Secretary Assist Under This Program?

§ 271.10 What types of projects may be funded?

The Secretary awards grants to SEAS for projects offering technical assistance (including training) to school boards and other responsible governmental agencies, at their request, for desegregation assistance in the preparation, adoption, and implementation of desegregation plans. Desegregation assistance may include, among other activities:

(a) Dissemination of information regarding effective methods of coping with special educational problems occasioned by desegregation;

(b) Assistance and advice in coping with these problems; and

(c) Training designed to improve the ability of teachers, supervisors, counselors, parents, community members, and other elementary or secondary school personnel to deal effectively with special educational problems occasioned by desegregation.

(Authority: 42 U.S.C.3000c-2)

§ 271.11 Who may receive desegregation assistance under this program? (a) A grantee may provide assistance only if the assistance is requested by a responsible governmental agency (other than the SEA) in its State.

(b) A grantee may provide assistance only to the following persons:

(1) Public school personnel.

(2) Students enrolled in public schools, parents of those students, and other community members.

(Authority: 42 U.S.C. 2000c-2)

Subpart C-How Does an SEA
Apply for a Grant?

§ 271.20 What conditions must an applicant meet to obtain funding?

To obtain funding under this program:

(a) An applicant must demonstrate its leadership in facilitating desegregation (in each of the desegregation assistance areas for which it has applied) as indicated by policies and procedures

adopted by the SEA to assist in the desegregation process;

(b) The applicant's project director must have access to the Chief State School Officer;

(c) The applicant must have a plan of the steps that it has taken or would take to inform the LEAS it will serve, public school personnel, students, and parents of the desegregation assistance available;

(d) The applicant must have familiarity with the desegregation-related needs and problems of the school boards and other responsible governmental agencies in its State;

(e) The assistance to be provided by the applicant must be designed to meet the desegregation needs (in each of the desegregation assistance areas for which it has applied) within its State;

(f) The applicant must identify specific desegregation problems that would be addressed by its proposed project;

(g) The applicant must have a plan for coordination with other related desegregation programs in its State, that will prevent duplication of assistance when a responsible governmental agency requests assistance from both the SEA and the DAC or other program;

(h) The applicant must provide a plan of operation for the proposed project that includes:

(1) An effective plan of management that ensures proper and efficient administration of the project;

(2) A clear description of how the objectives of the project relate to the purposes of the program;

(3) The way the applicant plans to its resources and personnel to achieve each objective; and

use

(4) How the applicant will ensure that project participants who are otherwise eligible to participate are selected without regard to race, national origin, color, sex, age, or handicapping condition.

(i) The applicant must have familiarity with materials used in providing technical assistance and training in each of the desegregation assistance areas for which it has applied;

(j) The key personnel the applicant plans to use on the project must be qualified, as determined by:

(1) The experience and training of the project director and other key personnel; and

(2) The time that the project director and other key personnel will devote to the project to ensure its success;

(k) The applicant, as part of its nondiscriminatory employment practices, shall ensure that its personnel are selected for employment without regard to race, color, national origin, gender, age or handicapping condition.

(1) The project must have an adequate budget to support the project activities, and costs must be reasonable in relation to the objectives of the project; and

(m) The applicant must have an evaluation plan that includes methods of evaluation that are appropriate for the project and, to the extent possible, are objective and produce data that are quantifiable.

(Approved by the Office of Management and Budget under control number 1810-0030) (Authority: 42 U.S.C. 2000c-2)

Subpart D-How Does the
Secretary Make a Grant?

§ 271.30 How does the Secretary evaluate an application?

(a) The Secretary evaluates an application submitted under this part on the basis of the requirements in § 271.20.

(b) The Secretary identifies those applications that satisfactorily address each of the factors included in §271.20.

(c) The Secretary notifies an SEA whose application does not satisfactorily address each of the requirements in $271.20 and permits the SEA to amend its application. If the amended application meets each of the requirements of §271.20, the Secretary approves it for funding.

(Authority: 42 U.S.C. 2000c-2)

§ 271.31 How does the Secretary determine the amount of the grant?

The Secretary awards a grant to each SEA whose application meets the requirements of $271.20. The Secretary determines the amount of a grant, pursuant to the cost analysis under 34 CFR 75.232, on the basis of:

(a) The amount of funds available for all grants under this part;

(b) The magnitude of the expected needs of responsible governmental agencies for desegregation assistance and the cost of providing that assistance to meet those needs, in the State for which an application is approved, as compared with the magnitude of the expected needs for desegregation assistance, and the cost of providing it, in all States for which applications are approved for funding;

(c) The size and the racial or ethnic diversity of the student population of the State;

(d) The extent to which the applicant will effectively and efficiently use funds awarded to it, including, if relevant, consideration of its previous use of funds awarded under this program; and

(e) Any other information concerning desegregation problems and proposed activities that the Secretary finds relevant in the applicant's State. (Authority: 42 U.S.C. 2000c-2)

197-126 D-17