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CHAPTER 11-OFFICE OF ELEMENTARY AND SECONDARY EDUCATION, DEPARTMENT OF

EDUCATION

Part 200 201 203

Page 415 451

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483 489

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Chapter 1 program in local educational agencies ....
Chapter 1-migrant education program
Chapter 1 program for neglected or delinquent

children
Chapter 1-Migrant education coordination pro-

gram for State educational agencies
Special educational programs for students whose

families are engaged in migrant and other sea-
sonal farmwork—High school equivalency pro-

gram and college assistance migrant program .....
Even start
Hearings in connection with school construction

and financial assistance in federally impacted

areas
Assistance for school expenditures and construc-

tion in cases of certain disasters
Assistance for school construction in areas af-

fected by Federal activities
Assistance for local educational agencies in areas

affected by Federal activities and arrangements
for education of children where local educational
agencies cannot provide suitable free public edu-

cation ...
Special impact aid provisions for local educational

agencies that claim entitlements based on the

number of children residing on Indian lands ........
Drug-free schools and communities general provi-

sions ....
Drug-free schools and communities federal activi-

ties grants program .......
Christa McAuliffe fellowship program

505

221

514

222

537

223

590

231

598

235

602 603

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Page

Part 263

606

263

Indian fellowship and professional development

programs (effective July 27, 1995) .......
Indian fellowship program (effective until July 27,

1995)
Desegregation of public education
State educational agency desegregation program
Desegregation assistance center program
Magnet schools assistance program

270 271 272 280

613 618 620 622 625

are

PART 200-CHAPTER 1 PROGRAM

IN LOCAL EDUCATIONAL AGENCIES

200.36 What

the requirements for schoolwide projects? 200.37 What are an SEA's responsibilities

for program improvement? 200.38 What are an LEA's responsibilities

for program improvement? 200.39 How may personnel be assigned non

Chapter 1 duties?

Subpart A-General

Sec. 200.1 What is the Chapter 1 Program in

Local Educational Agencies? 200.2 Who is eligible for a grant? 200.3 Who is eligible for a subgrant? 200.4 What kind of activities may an LEA

conduct? 200.5 What regulations apply to the Chapter

1 LEA Program? 200.6 What definitions apply to the Chapter

1 LEA Program? 200.7–200.9 (Reserved)

Subpart B-How Does a State Apply for

and Receive a Grant?

Subpart E-What Fiscal Requirements

Apply to the Chapter 1 LEA Program? 200.40 What is the prohibition against using

funds under this part to provide general

aid? 200.41 What maintenance of effort require

ments apply to this program? 200.42 Under what circumstances may an

SEA waive the maintenance of effort re

quirement? 200.43 What comparability of services re

quirements apply to this program? 200.44 What supplement, not supplant re

quirement applies to this program? 200.45 How may an LEA exclude special

State and local funds from comparability and supplement, not supplant determina

tions? 200.46 What is the maximum amount of

funds an LEA may carry over? 200.47 What is the prohibition against con

sidering payments under this part in de

termining State aid? 200.48—200.49 (Reserved)

200.10 What assurances must a State submit

to receive a grant? 200.11–200.19 (Reserved)

Subpart C-How Does an LEA Apply for

and Rocelve a Subgrant?

200.20 How does an LEA apply for a

subgrant? 200.21 Under what conditions does an SEA approve an LEA's application?

ALLOCATION OF BASIC GRANTS 200.22 How does an SEA allocate funds for

basic grants to an LEA? 200.23 How does an SEA allocate county ag

gregate amounts? 200.24 Are there exceptions to how an SEA

allocates county aggregate amounts?

Subpart F-What Requirements Govem

Participation in the Chapter 1 LEA Program of Educationally Deprived Children in Private Schools?

GENERAL

ALLOCATION OF CONCENTRATION GRANTS 200.25 How does an SEA allocate concentra

tion grants to an LEA?

REALLOCATION 200.26 How does an SEA reallocate funds? 200.27—200.29 (Reserved)

200.50 What are an LEA's responsibilities

for providing Chapter 1 services to chil

dren in private schools? 200.51 What are the requirements for con

sultation with private school officials? 200.52 What factors does an LEA use in de

termining equitable participation? 200.53 What are the requirements to ensure

that funds do not benefit a private

school? 200.54 What are the requirements concern

ing equipment and supplies for the bene

fit of private school children? 200.55 May funds be used for construction of

private school facilities?

Subpart D-What Project Requirements

Apply to the Chapter 1 LEA Program? 200.30 How does an LEA select school at

tendance areas to be project areas? 200.31 How does an LEA identify and select

children to participate? 200.32 What are the size, scope, and quality

requirements of a project? 200.33 How does an LEA allocate resources

to project areas and schools? 200.34 How does an LEA involve parents? 200.35 What are the requirements for evalu

ating and reporting project results?

CAPITAL EXPENSES 200.56 How does a State receive a payment

for capital expenses? 200.57 How does an LEA receive a payment

for capital expenses? 200.58 How does an LEA use payments for

capital expenses? 200.59 (Reserved)

BYPASS 200.60 What general requirements govern

the implementation of a bypass? 200.61—200.69 (Reserved)

AUTHORITY: 20 U.S.C. 2701-2731, 2821-2838, 2851-2854, 2881-2901, unless otherwise noted.

SOURCE: 54 FR 21756, May 19, 1989, unless otherwise noted.

Subpart G-What Are Other State Respon

sibilities for the Chapter 1 LEA Program?

200.70 Does a State have authority to issue

State regulations for the Chapter 1 LEA

Program? 200.71 How may State personnel paid with

funds available under this part be as

signed to State programs? 200.72 What funds are available for an SEA

to carry out its responsibilities?

COMPLAINT PROCEDURES OF THE SEA 200.73 What complaint procedures shall an

SEA adopt? 200.74 What are the minimum complaint

procedures? 200.75 How does an organization or individ

ual file a complaint? 200.76—200.79 (Reserved)

Subpart A-General 8200.1 What is the Chapter 1 Program

in Local Educational Agencies? (a) Under the Chapter 1 Program in Local Educational Agencies (LEAS) referred to in this part as the Chapter 1 LEA Program-the Secretary provides Federal financial assistance for projects designed to meet the special educational needs of

(1) Educationally deprived children in LEAS;

(2) Children in local institutions for neglected or delinquent children, including children in local correctional institutions; and

(3) Educationally deprived Indian children under section 1005(d) of the Act.

(b)(1) The purpose of assistance under this part is to improve the educational opportunities of educationally deprived children by helping these children

(i) Succeed in the regular program of the LEA;

(ii) Attain grade-level proficiency; and

(iii) Improve achievement in basic and more advanced skills.

(2) The purpose is accomplished through means such as supplemental education programs, schoolwide programs, and the increased involvement of parents in their children's education.

Subpart H-What Are the National

Evaluation Standards?

EVALUATION BY AN LEA

200.80 How does an LEA evaluate student

achievement? 200.81 What technical standards does an

LEA apply in evaluating student

achievement? 200.82 What procedures does an LEA use in

evaluating student achievement? 200.83 What alternative procedures may an

LEA use? 200.84 How does an LEA report the results

of student achievement to the SEA?

(Authority: 20 U.S.C. 2701)

EVALUATION BY AN SEA 200.85 What technical standards does an

SEA use in conducting its evaluation? 200.86 What requirements govern an SEA

sampling plan? 200.87 How does an SEA aggregate LEA stu

dent achievement data for inclusion in its evaluation?

ALLOWABLE AND NONALLOWABLE COSTS 200.88 For what evaluation activities may

an LEA or SEA use funds available under

this part? 200.89 For what evaluation activities may

an LEA or SEA not use funds available under this part?

8 200.2 Who is eligible for a grant?

The Secretary provides funds under the Chapter 1 LEA Program to

(a) States, through their respective State educational agencies (SEAS); and

(b) The Secretary of the Interior for Indian children referred to in $ 200.1(a)(3). (Authority: 20 U.S.C. 2711-2712) 8200.3 Who is eligible for a subgrant?

(a) General rule. (1) Except as provided in paragraph (d) of this section, an LEA that qualifies under paragraph (b) or (c) of this section is eligible for

EXCEPTION 200.90 May an SEA request an exception to

the requirements in this subpart?

a subgrant under the chapter 1 LEA Program

(2) An SEA provides two types of subgrants—basic grants and concentration grants—to qualifying LEAS.

(b) Basic grants. An LEA is eligible for a basic grant if

(1) There are at least 10 children counted under section 1005(c) of the Act in the school district of the LEA; or

(2) Satisfactory data on a school district basis are not available but the school district served by the LEA is located, in whole or in part, in a county in which there are at least 10 children counted under section 1005(c) of the Act.

(C) Concentration grants. (1) An LEA is eligible for a concentration grant if

(i) The LEA is eligible for a basic grant under paragraph (b) of this section;

(ii) The school district of the LEA is located, in whole or in part, in a county in which the number of children counted under section 1005(c) of the Act in the school districts of LEAs in the county in the preceding fiscal year exceeds

(A) 6,500; or

(B) 15 percent of the total number of children aged 5 to 17, inclusive, in the school districts of LEAs in the county in the preceding fiscal year; and

(iii) The number of children counted for purposes of $200.23 or $200.24 in the preceding fiscal year in the school district of the LEA exceeds

(A) 6,500; or

(B) 15 percent of the total number of children aged 5 to 17, inclusive in the school district of the LEA in the preceding fiscal year.

(2) An LEA that does not qualify for a concentration grant under paragraph (c)(1) of this section may receive a concentration grant under $200.25(b).

(d) Exception. This section does not apply to Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, Palau, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Secretary of the Interior. (Authority: 20 U.S.C. 2711-2712)

8 200.4 What kind of activities may an

LEA conduct? (a) Under the Chapter 1 LEA Program, an LEA may conduct only projects that are designed to provide supplemental services to meet the special educational needs of educationally deprived children at the preschool, elementary, and secondary school levels.

(b) An LEA is encouraged to

(1) Develop programs to assist participating children to improve achievement in basic and more advanced skills; and

(2) Consider year-round services and activities, including intensive summer school programs.

(c) Authorized activities to meet the special educational needs of educationally deprived children include

(1) Acquisition of equipment and instructional materials;

(2) Acquisition of books and school library resources;

(3) Employment of special instructional personnel, school counselors, and other pupil services personnel;

(4) Employment and training of education aides;

(5) Payments to teachers of amounts in excess of regular salary schedules as a bonus for service in schools serving project areas;

(6) Training of teachers, librarians, other instructional and pupil services personnel, and, as appropriate, early childhood education professionals;

(7) Construction, if necessary, of school facilities;

(8) Parental involvement activities;

(9) Planning for and evaluation of Chapter 1 projects; and

(10) Other allowable activities.

(d)(1) With the approval of the SEA, an LEA may use up to and including five percent of the funds the LEA receives under $8200.22 through 200.26 for innovation projects to promote quality in the Chapter 1 LEA Program.

(2) Innovation projects may include only the following:

(i) Notwithstanding $200.31(a), the continuation of services to children who received Chapter 1 services in any preceding year for a period sufficient to maintain progress made during the period of their participation in the program.

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