Code of Federal Regulations: Containing a Codification of Documents of ...

Sec.

PERSONNEL

200.60 Training education aides and volun

teers.

200.61 Noninstructional duties.

200.62-200.69

200.70

[Reserved]

ALLOWABLE COSTS

Allowable costs under EDGAR. 200.71 Specific requirements concerning allowable costs under Title I.

200.72 Use of Title I funds for planning. 200.73 Use of Title I funds for State administration.

200.74 Use of Title I funds for health, nutrition, or social services.

200.75 Use of Title I funds for training eligible persons.

200.76 Use of Title I funds for bonus pay. 200.77 Use of Title I funds for evaluation. 200.78 LEA's use of Title I funds for selecting children to receive Title I services. 200.79 LEA's use of Title I funds for expenses related to advisory councils. 200.80 Use of Title I funds for construction.

200.81 Use of Title I funds for equipment. 200.82 Use of Title I funds for reimbursement of volunteers.

200.83 Control of funds. 200.84-200.89

[Reserved]

COMPLAINT REVIEW AND RESOLUTION

200.180 Contents of a complaint. 200.181 Who may file a complaint

200.182 Where to file a complaint. 200.183 Required procedures for resolution of complaints that are filed with LEAS or State agencies.

200.184 Time limit for resolution of complaints that are filed with LEAS or State agencies.

200.185 Appeals from resolutions by LEAS or State agencies.

200.186 Required procedures for resolution of appeals and complaints that are filed with SEAS.

200.187 Time limit for resolution of appeals and complaints that are filed with SEAS.

200.188 Contents of the final resolution by an SEA.

200.189 [Reserved]

(a) Local educational agencies (LEAS) to expand and improve their educational programs through projects designed to meet the special educational needs of

(1) Educationally deprived children in areas with concentrations of children from low-income families; and

(2) Children in local institutions for neglected or delinquent children;

(b) State agencies for projects designed to meet the special educational needs of

(1) Handicapped children; and

(2) Children in institutions for neglected or delinquent children, or in adult correctional institutions;

(SEAS) for projects designed to meet the special educational needs of migratory children of migratory agricultural workers or fishers; and

(d) The Secretary of the Interior to meet the special educational needs of Indian children.

(Sec. 101, 20 U.S.C. 2701)

§ 200.2 Applicability of regulations in this part.

The regulations in this part apply to all programs authorized under Title I of the Elementary and Secondary Education Act of 1965, as amended. (Sec. 101-198, 20 U.S.C. 2701-2854)

§ 200.3 Applicability of other Title I regulations.

The regulations in this part are supplemented by the regulations in 34 CFR Parts 201, 302, 203, and 204, which contain additional requirements relating to each of the categories of Title I programs:

(a) 34 CFR Part 201 applies to projects

(1) Designed to meet the special educational needs of

(i) Educationally deprived children in areas with concentrations of children from low-income families; and

(ii) Children in local institutions for neglected or delinquent children; and (2) Operated by LEAS.

(b) 34 CFR Part 302 applies to projects

(1) Designed to meet the special educational needs of handicapped children; and

(2) Operated by the State agencies directly responsible for providing free public education for those children.

(1) Designed to meet the special educational needs of children in institutions for neglected or delinquent children, or in adult correctional institutions; and

(2) Operated by the State agencies directly responsible for providing free public education for those children.

(d) 34 CFR Part 204 applies to projects

(1) Designed to meet the special educational needs of migratory children of migratory agricultural workers or fishers; and

(2) Operated by SEAS.

(Sec. 101-198, 20 U.S.C. 2701-2854)

§ 200.4 Applicability of other statutes and regulations.

In addition to the regulations in this part and in 34 CFR Parts 201, 302, 203, and 204, the following statutes and regulations apply to financial assistance provided under Title I of the Elementary and Secondary Education Act of 1965, as amended:

(a) General Education Provisions Act (GEPA) in 20 U.S.C. 1221 et seq.

(b) Education Department General Administrative Regulations (EDGAR) in 34 CFR Part 76 (State-administered programs), 34 CFR Part 77 (General), and 34 CFR Part 78 (Education Appeal Board).

(Sec. 101-198, 20 U.S.C. 2701-2854; 20 U.S.C. 1221 et seq.; 34 CFR Parts 76, 77, and 78)

Secondary Education within the Department.

"Average daily attendance" (ADA) means the average number of children in attendance in the schools of an LEA as determined under State law. However, if the LEA in which any child resides makes or contracts to make a tuition payment for the free public education of that child in a school situated in another LEA, that child shall be considered

(1) To be in attendance at a school of the LEA that makes or contracts to make the tuition payment; and

(2) Not to be in attendance at a school of the LEA receiving the tuition payment or entitled to receive the tuition payment under the contract.

"Average daily membership” (ADM) means the average number of children enrolled in the schools of an LEA as determined under State law. However, if the LEA in which any child resides makes or contracts to make a tuition payment for the free public education of that child in a school situated in another LEA, that child shall be considered

(1) To be enrolled in a school of the LEA that makes or contracts to make the tuition payment; and

(2) Not to be enrolled in a school of the LEA receiving the tuition payment or entitled to receive the tuition payment under the contract.

"Average per pupil expenditure”—

(1) In the case of a State or the United States, this term means the sum of (i) the aggregate current expenditures of all LEAS in the State or in the United States, as the case may be, and (ii) any direct current expenditures by the State or all of the States, as the case may be, for the operation of these LEAs; divided by (iii) the aggregate number of children in ADA to whom these LEAs provided free public education during the year preceding the one for which the computation is made.

(2) For purposes of this definition, aggregate current expenditures are— (i) Aggregate expenditures during the third fiscal year preceding the fiscal year for which the computation is made; or

(ii) If satisfactory data for the third preceding fiscal year in paragraph (1)(i) of this definition are not available at the time of computation, aggregate expenditures during the most recent preceding fiscal year of which satisfactory data are available.

(3) Direct current expenditures shall be computed without regard to the source of funds from which these expenditures are made.

(4) For purposes of this definition, the United States means the 50 States plus the District of Columbia.

"Cease and desist” means to discontinue a prohibited practice or to initiate a required practice.

"Children" means persons

(1) Not above age 21 who are entitled to a free public education not above grade 12; or

(2) Who are of preschool age. "Construction" includes any work needed for

(1) The preparing of drawings and specifications for school facilities;

(2) The erection, building, acquiring, altering, remodeling, improving, or extending of school facilities; or

(3) The inspection and supervision of the construction of school facilities.

"County" means those divisions of a State that are used by the Secretary of Commerce in compiling and reporting data regarding counties.

"Current expenditures" means expenditures for free public education. The term

(1) Includes expenditures for administration, instruction, attendance, health services, pupil transportation, plant operation and maintenance, fixed charges, and net expenditures to cover deficits for food services and student activities; and

(2) Does not include expenditures for community services, capital outlay, and debt service, or any expenditures made from funds granted under Title I or Part B (Instructional materials and school library resources) and Part C (Improvement in local educational practices) of Title IV of the Elementary and Secondary Education Act of 1965, as amended.

"Department" means the United States Department of Education.

"Elementary school" means a day or residential school that provides ele

mentary education, as determined by State law.

"Equipment" means

(1) Machinery, utilities, and building equipment;

(2) Any enclosures or structures necessary to house the items in paragraph (1) of this definition; and

(3) All other items necessary for the functioning of a facility that is used to provide educational services, including items like

(i) Instructional equipment and necessary furniture;

(ii) Printed, published, and audiovisual instructional materials; and

(iii) Books, periodicals, documents, and other related materials.

"Fiscal year" means the Federal fiscal year-a period beginning on October 1 and ending on the following September 30-or another twelvemonth period normally used by the State educational agency for recordkeeping.

"Free public education"

(1) Means education that is provided

(i) At public expense, under public supervision and direction, and without tuition charge; and

(ii) As elementary secondary school education in the applicable State; and

(2) Does not include any education provided beyond grade 12.

"Grant period" means the period for which grant funds have been awarded. "Local educational agency" (LEA)—

(1) Means a public board of education or other public authority legally constituted within a State for either administrative control or direction of-or to perform a service function for-public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or a combination of school districts or counties recognized in a State as an admininstrative agency for public elementary or secondary schools; and

(2) Includes any public institution or agency-other than those specified in paragraph (1) of this definitionhaving administrative control and direction of a public elementary or secondary school.

« Previous Continue »