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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 ass nce (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

State, operated wholly or predemoninantly from or through the use of governmental funds or property,

institution before completion of a term shall refund a prorated portion of the stipends, that has been received, as determined by the Secretary. (Authority: 25 U.S.C. 2623) (48 FR 35333, Aug. 3, 1983, as amended at 54 FR 21578, May 18, 1989)

PART 270-DESEGREGATION OF

PUBLIC EDUCATION

Sec. 270.1 What are the Desegregation of Public

Education Programs? 270.2 What regulations apply to these pro

grams? 270.3 What definitions apply to these pro

grams? 270.4 What types of projects are funded

under these programs? 270.5 What stipends and related reimburse

ments are authorized under these pro

grams? 270.6 What limitation is imposed on provid

ing race and national origin desegrega

tion 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 vecial 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

a

or

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); 20000-2000c-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))

Responsible governmental agency 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))

Ser 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))

$ 270.5 What stipends and related re

imbursements 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)

$ 270.4 What types of projects are

funded under these programs? The Secretary may fund

(a) State Educational Agency (SEAS) projects; and

(b) Desegregation Assistance Centers (DACs). (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 deseg

Subpart A-General regation assistance under these programs may not use funds to assist in 8 271.1 What is the State Educational the development or implementation of Agency Desegregation Program? activities or the development of cur

This program provides grants to riculum materials for the direct in- State educational agencies (SEAs) to struction of students to improve their enable them to provide technical asacademic and vocational achievement sistance (including training) at the relevels.

quest of school boards and other re(b) A recipient of a grant for national sponsible governmental agencies in the origin desegregation assistance under preparation, adoption, and implementhese programs may use funds to assist tation of plans for the desegregation of in the development and implementa- public schools and in the development tion of activities or the development of of effective methods of coping with specurriculum materials for the direct in- cial educational problems occasioned structional of students of limited Eng- by desegregation. lish proficiency, to afford these students a full opportunity to participate

(Authority: 42 U.S.C. 2000c-2000C-2, 2000c-5) in all educational programs.

$ 271.2 Who is eligible to apply for as(Authority: 42 U.S.C. 2000c-2000c-2, 2000c-5)

sistance under this program?

An SEA is eligible to apply for a PART 271-STATE EDUCATIONAL grant under this program. An SEA

AGENCY DESEGREGATION PRO- shall submit one application to provide GRAM

technical assistance in one, two, or all

three of the desegregation assistance Subpart A-General

areas, as defined in 34 CFR 270.3.

(Authority: 42 U.S.C. 2000C-2) Sec. 271.1 What is the State Educational Agency

$ 271.3 What regulations apply to this Desegregation Program?

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

The following regulations apply to 271.3 What regulations apply to this pro

the SEA program: gram?

(a) The regulations in 34 CFR part 271.4 What definitions apply to the pro- 270. gram?

(b) The regulations in this part. Subpart B-What kinds of Activities Does (Authority: 42 U.S.C. 2000C-2) the Secretary Assist Under This Program?

$ 271.4 What definitions apply to this 271.10 What types of projects may be fund- program?

ed? 271.11 who may receive desegregation as

The definitions in 34 CFR part 270.3 sistance under this program?

apply to the SEA program

(Authority: 42 U.S.C. 20000-2) Subpart C-How Does An SEA Apply for a Grant?

Subpart B-What kinds of Activi271.20 What conditions must an applicant

ties Does the Secretary Assist meet to obtain funding?

Under This Program? Subpart D-How Does the Secretary Make

8271.10 What types of projects may be a Grant?

funded? 271.30 How does the Secretary evaluate an The Secretary awards grants to SEAS application?

for projects offering technical assist271.31 How does the Secretary determine ance (including training) to school the amount of the grant?

boards and other responsible governAUTHORITY: 42 U.S.C. 2000C-2000c-2, 2000c-5, mental agencies, at their request, for unless otherwise noted.

desegregation assistance in the prepaSOURCE: 52 FR 24964, July 1, 1987, unless ration, adoption, and implementation otherwise noted.

of desegregation plans. Desegregation

areas

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 desegrega

tion 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)

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

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 use its resources and personnel to achieve each objective; and

(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

Subpart C-How Does an SEA

Apply for a Grant?

$271.20 What conditions must an ap

plicant 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

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. 20000-2)

(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)

Subpart D-How Does the Secretary Make a Grant?

PART 272-DESEGREGATION ASSISTANCE CENTER PROGRAM

Subpart A-General

$271.30 How does the Secretary evalu

ate 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 ap plications 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)

Sec. 272.1 What is the Desegregation Assistance

Center Program? 272.2 Who is eligible to receive a grant

under this program? 272.3 What regulations apply to this pro

gram? 272.4 What definitions apply to this pro

gram?

Subpart B-What Kinds of Activities Does

the Secretary Fund Under This Program? 272.10 What type of projects may be funded? 272.11 Who may receive desegregation as

sistance under this program? 272.12 What geographic regions do the DACs

serve?

Subpart C-(Reserved)

8271.31 How does the Secretary deter

mine 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;

Subpart D-How Does the Secretary Make

a Grant? 272.30 What criteria does the Secretary use

to make a grant? 272.31 How does the Secretary evaluate an

application for a grant? 272.32 How does the Secretary determine

the amount of a grant?

Subpart E-What Conditions Must Be Met

by a Recipient of a Grant?

272.40 What conditions must be met by a re

cipient of a grant? AUTHORITY: 42 U.S.C. 2000c-2000C-2, 20000-5, unless otherwise noted.

SOURCE: 52 FR 24965, July 1, 1987, unless otherwise noted.

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