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Subpart A-Scope and Definitions an applicant requesting financial assist

ance under the act and this part. $ 115.1 Scope.

(e) Local educational agency. Local The regulations in this part govern the educational agency” means a board of granting of financial assistance under education or other legally constituted the act to applicants within the conti- local school authority (including, where nental United States, Hawaii, Alaska applicable, a State agency which directly Puerto Rico, the Virgin Islands, Wake operates and maintains facilities for proIsland, and Guam.

viding free public education) having ex

clusive administrative control and direc$ 115.2 Provisions not exhaustive of

tion of free public education, or some jurisdiction of the Commissioner.

phase thereof, in a county, township, No provision of this part now or here

independent, or other school district after promulgated shall be deemed ex- located within a State. haustive of the jurisdiction of the Com- (f) Free public education. "Free pubmissioner under the act. The provisions lic education" means education which is of this part may be modified or further provided at public expense, under public regulations may be issued hereafter as supervision and direction, and without circumstances may warrant.

tuition charge, and which is provided as $ 115.3 Definitions.

elementary or secondary school educa

tion in the applicable State. ElemenAll terms used in this part which are

tary education may include kindergarten defined in the act and not defined in this

education meeting the above criteria. section shall have the meaning given to

(g) Financial assistance. "Financial them in the act. As used in this part, assistance” means the payments made and for the purposes of this part and

to an applicant under section 5(b) of determinations under the act, the fol

the act by the Department of the lowing terms shall have the meaning

Treasury upon authorization of the indicated in paragraphs (a) to (j) of Commissioner. this section.

(h) Entitlement. "Entitlement" means (a) Act. “The act” means Public the amount of assistance which, if the Law 874, 81st Congress (64 Stat. 1100); appropriations for a fiscal year were as amended by Public Law 248, 83d Con- adequate to pay all claims, an applicant gress (67 Stat. 530); Public Law 204, 84th under sections 2, 3, or 4 would receive Congress (69 Stat. 433); Public Law 221, under the formulae of the act. 84th Congress (69 Stat. 485); Public Law (1) Generally comparable school dis382, 84th Congress (69 Stat. 713); title tricts. "Generally comparable school II of Public Law 949, 84th Congress (70 districts" are those so determined by the Stat. 970); Public Law 896, 84th Congress Commissioner, after consultation with (70 Stat. 909); and title II of Public the State educational agency and the Law 85-620 (72 Stat. 559).

applicant. (b) The Commissioner. "The Com- (j) Arrangements. “Arrangements" missioner" means the Commissioner means the agreement entered into beof Education, Department of Health, tween the Commissioner and a local eduEducation, and Welfare, or his delegatee. cational agency or a Federal department

(c) Applicant. “Applicant” means or agency for the provision of free public any local educational agency which files education under section 6 of the act. an application for financial assistance under sections 2, 3, or 4 of the act, or

Subpart B-Applications any subsection of section 3 or section 4, $ 115.10 Applications. and this part, but does not include one

Any local educational agency believproposing arrangements under section 6 of the act.

ing itself to be entitled to assistance

under sections 2, 3, or 4 of the act or (d) Application. “Application" means Form RSF-1, "Application for Financial

any subsection thereof, shall, as a condiAssistance for Current Expenditures for

tion of entitlement, file with the ComPublic Schools in Areas Affected by Fed

missioner of Education, through the eral Activities” properly completed and

appropriate State education agency, on executed, including amendments thereto, Form RSF-1, “Application for Financial and, to the extent indicated by the ap- Assistance for Current Expenditures for plicant, any document or documents in Public Schools in Areas Affected by Fedsupport thereof, filed by or on behalf of eral Activities under Public Law 874, 81st

Congress, as amended,” an application the extent necessary to allow sixty days for financial assistance, showing basis beyond the effective date of the change for entitlement under the terms and con- in district organization for the filing of ditions of the act.

an application under sections 3 and 4 § 115.11 Final date for filing applica

of the act: Provided, That, for the purtions for financial assistance from

poses of this paragraph, where an applifunds appropriated for fiscal year

cation is filed directly with the Commis1959 and thereafter.

sioner within the applicable filing date,

and a copy is filed within such time with (a) The final date for filing applica

the State educational agency, the applitions for financial assistance under sec

cation, for good cause shown, will be tions 2, 3, or 4 of the act, or under any

considered to be timely filed if within subsection thereof, and this part, out of

fifteen days after the applicable filing funds appropriate for any fiscal year

date the applicant obtains and files with shall be March 31st of such fiscal year

the Commissioner approval, verification for all applicants; except that, when

and certification of the application by the ever such date shall fall on a Saturday,

State educational agency: And provided Sunday, or other legal holiday, the final

further, That an application timely filed date for filing applications shall be the

may be amended to obtain additional or next succeeding week day. An applica

alternative financial assistance based tion must be received by the Commis

upon a Federal activity which has been sioner, or under cover postmarked, on or

initiated or reactivated, or upon propbefore the final filing date after trans

erty which has been acquired by the mittal through and certification by the

United States after the application was State educational agency. The appli

filed, or upon an amendment to the act cant is responsible for obtaining the

enacted after the application was filed, certification of the State educational

or upon a determination of the Commisagency and for securing transmittal of

sioner first communicated to the applithe application to the Commissioner of

cant that property is or is not "Federal Education by the final filing date. The

property" under the act, if such amendapplicant, in order to give the State edu

ment is made within 60 days of the occational agency time in which it may

currence or communication of the Comprocess the application, should file its

missioner's ruling to the applicant. application with the State educational

(b) After the applicable filing date an agency by March 1 of the fiscal year.

application cannot be amended or modiThe final date for filing the application

fied to assert a basis for financial assist. with the Commissioner is subject to the

ance not clearly stated and supported by following exceptions:

data in the application. (1) With respect to an applicant whose eligibility for financial assistance

§ 115.12 Applications under sections 2, under this act is established by an activ

3, and 4 received after deadline not ity of the United States initiated or reac

considered for payment. tivated, or by the acquisition of Federal Applications under sections 2, 3, and property, during the fiscal year, the filing 4 of the act or any subsection thereof for date shall be extended 60 days beyond fiscal year 1959, and for fiscal years the date of such occurrence establishing

thereafter, received by the Commissioner eligibility;

after the filing dates prescribed by this (2) With respect to an applicant

part will not be considered for payment. whose eligibility for financial assistance $ 115.13 Notification to applicants. is established under or pursuant to an Each applicant will be notified of the amendment to the act, adopted during

initial approval or disapproval of its the fiscal year, the filing date shall be extended 60 days beyond the date of

application under one or more of the sec

tions or subsections of the act and this such amendment;

part, and the estimated amount of pay(3) With respect to a local educational

ment, if any, to be made. agency which, during the fiscal year, acquired administrative control and direc

Subpart C-Payment tion of free public education in all or $ 115.20 Changes in boundaries, classiany portion of an area of a previously fication and governing authority of existing local educational agency under applicants. the circumstances described in $ 115.20 (a) If an applicant is party to any (b), the filing date shall be extended to merger, consolidation, annexation, de

consolidation, or other similar action which may affect its boundaries, identity, governing authority, classification, or control, the Commissioner shall be notified as soon as practicable of the effective date of such action for all purposes, the extent and character thereof, and the legal authority under which the action was or is to be effected.

(b) If, as a result of a change in district organization through merger, annexation, consolidation, or other similar action, effective within the fiscal year

covered by the application and prior to 5 the close of the regular school term of I such year, a local educational agency

which had timely filed an application ceases to be a legally constituted local educational agency, it shall not be en

titled to any payments under section 3 1or 4 of the act for such fiscal year, exIcept as provided in paragraph (c) of this

section. However, except as provided in $ 115.21(c), a local educational agency which assumes administrative control and direction of free public education in

all or a portion of the area of such pre| viously existing applicant prior to the ! close of the regular school term of such

previously existing applicant, shall, pro

vided that (if not already an applicant | under the section involved) it files an

application in accordance with $ 115.11 (a) (3), and subject to appropriate adjustment on account of payments made to such previously existing local educational agency, have its eligibility under section 3(c) (2) or (3), or section 4(a) (1) and the amount of its entitlement for the entire fiscal year, insofar as such eligibility or entitlement relates to the number of federally connected children, determined in accordance with either of the following, whichever is more favorable to it:

(1) On the basis of the entire area under its jurisdiction on the last day of such year; or

(2) On the basis only of the area acquired by the local educational agency from the previously existing local educational agency: Provided, however, That this latter basis may be used (i) for an application under section 3 only if a favorable finding has been made (or would have been made in due course but for such change in district organization) on the basis of the estimates required under section 3(c) (2) or (3), with respect to the previously existing agency, and (ii) for an application under section 4 only if such favorable finding has been

made (or would have been made in due course but for such change in district organization) under section 4(a) (1).

(c) Any payment made to a local educational agency prior to the date on which the first sentence of paragraph (b) of this section became applicable to it, need not be repaid to the United States to the extent that (1) it is accounted for by the adjustments made in the entitlements of any successor applicant local educational agencies pursuant to paragraph (b) of this section or paragraph (c) of $ 115.21 and (2) any balance remaining thereafter is found by the Commissioner not to be in excess of the amount to which the pre-existing local educational agency would have become entitled on the basis of the number of federally connected children not covered by any other application, to whom free public education was provided by the previously existing local educational agency or by any successor non-applicant local educational agency. (24 F.R. 60, Jan. 3, 1959, as amended at 25 F.R. 2532, Mar. 25, 1960) $ 115.21 Payment under section 3 when

percentage eligibility requirement is

not met. (a) Pursuant to the exception provision of section 3 (c) (2) (B) of the act, an applicant is not required to meet the 3 percent eligibility requirement of such section (or the 6 percent eligibility requirement specified in section 3 (c) (3), as the case may be) if in either of the two years preceding the year of application the applicant met such percentage requirement and received a net payment under section 3 of the act. In the second year following the year in which the applicant last met the percentage requirement and received a payment, however, the net payment under section 3 shall be reduced by 50 percent.

(b) If an applicant local educational agency was not in existence in either one or both of the two preceding fiscal years, such agency may nevertheless receive the benefit of the provisions of paragraph (a) of this section provided such agency is comprised only of territory which was formerly included in a predecessor agency which met (or predecessor agencies all of which met) the percentage eligibility requirement and received a net payment under section 3 for the same fiscal year of the two fiscal year periods preceding the fiscal year of application.

(c) If a local educational agency, which had timely filed an application under section 3 and was entitled to payment by virtue of paragraph (a) or (b) of this section, ceases to be a legally constituted local educational agency as a result of district reorganization through merger, annexation, consolidation, or other similar action, effective prior to the close of the regular school term within the fiscal year covered by the application (thereby becoming subject to the provisions of $ 115.20(b)), à successor local educational agency which assumes administrative control and direction of free public education in all or a portion of the area of such previously existing applicant prior to the close of the regular school term of such previously existing applicant, shall, provided that (unless already an applicant under section 3) it filles an application in accordance with $ 115.11(a) (3), and subject to appropriate adjustment on account of payments made to such previously existing local educational agency, be entitled, if it so desires, to have its application processed on the basis of the area acquired from the previously existing local educational agency, and on the basis of the rights of such agency, without regard to the 3 percent requirement. (24 F.R. 60, Jan. 3, 1959, as amended at 25 F.R. 2532, Mar. 25, 1960) $ 115.22 Election provision of section

4 (c). Pursuant to section 4 (c) of the act, a local educational agency may elect to count for eligibility and payment under section 4 (a) the entire increase in the number of children in average daily attendance at its schools during the fiscal year who are otherwise eligible to be counted under section 3. Such election may be made only if an application under section 4 is timely filed on Form RSF-1 in accordance with $ 115.11. Such election is not subject to change after, and shall become final upon, the date of final payment for the fiscal year Involved. § 115.23 Payments.

Payment of the amount which an applicant may receive under the act and this part will be made by the Department of the Treasury upon certification of the amount due at such times as the Commissioner shall designate. The amount so certified for any period may be re

duced or increased, as the case may be, by any sum by which the Commissioner finds that the amount paid to the applicant for any prior period, whether or not within the fiscal year, was greater or less than the amount which should have been paid for such prior period. § 115.24 Payments of financial assist.

ance under sections 2, 3, and 4 from

fiscal year appropriations. As prescribed by section 5 (c) of the act, if the funds appropriated for a fiscal year are not sufficient to pay in full the total amounts which all applicants whose applications have been considered for payment pursuant to this part are entitled to receive under sections 2, 3, and 4 of the act or any subsection thereof for such fiscal year, the Commissioner will reduce the amounts which he certifies under section 5 (b) of the act for such fiscal year for payment to each such applicant by the percentage by which the funds so appropriated are less than the total necessary to pay such applicants the full amount which they are entitled to receive under the act and this part. Subpart D-Generally comparable

Districts; Local Contribution Rate $ 115.30 Determination of generally

comparable school districts. (a) The Commissioner may determine for a fiscal year the school districts generally comparable to that of an applicant (1) by classification of all school districts in a State into groups based upon a recommendation by the State educational agency made with the consent of all applicants in the State; or (2) by a selection of individual school districts. If the Commissioner has determined that group classifications shall be used in a State no departure therefrom will be permitted in that State for the fiscal year.

(b) The State educational agency for any fiscal year, with the consent of all applicants in the State, may recommend to the Commissioner classification of all school districts in the State into generally comparable groups. The State educational agency should initially establish groups based upon legal classifications or justify the use of another factor as the principal factor. Unless the State educational agency can establish to the satisfaction of the Commissioner that the consideration of additional factors will not result in greater

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comparability, division into further $ 115.31 Computation of local contri. groups will be required and for the pur- bution rate in continental United poses of such further division considera

States. tion shall be given to grade level, size as The local contribution rate for an apmeasured by total average daily attend

plicant in the continental United States ance, geographical size, density of pop

for any fiscal year shall be computed by ulation, industrialization, current reve

the Commissioner, after consultation nues, aggregate value of property, and with the State educational agency and any other relevant factors. In making the applicant, in the following manner: its recommendations to the Commis

He shall divide (a) the aggregate cursioner, the State educational agency

rent expenditures, during the second will furnish such information as he may fiscal year preceding the fiscal year for require, including information justifying which he is making the computation, the factors used and financial and at- which the local educational agencies of tendance data necessary for the compu- the school districts, determined to be tation of per pupll expenditure and local generally comparable to that of the apcontribution rate. On the basis of the

plicant, made from revenues derived recommendation by the State educa- from local sources, by (b) the aggreg tional agency, the data furnished and number of children in average daily other information which he may obtain, attendance to whom such agencies proand applying the above criteria, the vided free public education during such Commissioner shall determine whether second preceding fiscal year. The local all school districts in the State shall be contribution rate shall be an amount classified into generally comparable equal to the quotient so obtained. groups and, if so, shall determine such

$ 115.32 Increase in or special local groups.

contribution rate. (c) In a State for which group classifications of generally comparable school (a) Notwithstanding the provision in districts are not established pursuant to $ 115.31 and in accordance with the proparagraph (b) of this section, an appli- vision in section 3 (d) of the act, if the cant must submit to the Commissioner current expenditures in those school disin its application the names of districts, tricts which the Commissioner has deterpreferably five in number which it deems mined to be generally comparable to that generally comparable to the school dis- of the applicant nevertheless in his trict of the applicant with all data re- judgment are not reasonably comparable quested by the Commissioner The for the purposes of section 3 (d) of the selection by the applicant of such school act because of unusual geographical facdistricts shall be based upon the criteria tors which affect the current expendiset forth in paragraph (b) of this section tures necessary to maintain in the school and shall be submitted through the State

district of the applicant a level of educaeducational agency for review and com

tion equivalent to that maintained in

such other districts, the Commissioner ment. The Commissioner's determination will be based upon such criteria and

may increase the local contribution rate

for such applicant by the amount he deany other relevant factors. The finan

termines will compensate the applicant cial, attendance, and other data of the

for the increase in current expenditures selected districts must be sufficient to

necessitated by such unusual geographijustify the selection of such districts as cal factors. generally comparable and to determine (b) In no event shall the local conthe per pupil expenditures and the local tribution rate for any local educational contribution rates in such districts. On agency in any State in the continental the basis of information and data fur- United States for any fiscal year be less nished by the applicant, or information

than (1) 50 per centum of the average otherwise obtained, and applying the

per pupil expenditure in such State or

(2) 50 per centum of the average per above criteria, the Commissioner shall

pupil expenditure in the continental select those school districts, which in

United States, but not to exceed the number and identity may be different

average_per pupil expenditure in the from those submitted by the applicant,

State. For the purposes of the precedwhich he determines to be generally

ing sentence the "average per pupil excomparable to the school district of the

penditure" in a State, or in the contiapplicant.

nental United States, shall be the aggre

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