(42 U.S.C. 2000c-4.)

(c) Needs assessment (6 points). (1) The magnitude of desegregation-related educational needs assessed by the applicant; (2) the degree to which the applicant has demonstrated by objective evidence the existence of such needs; and (3) the extent to which the applicant lacks the financial and other resources necessary to meet such needs. (42 U.S.C. 2000c-4.)

(d) Activities (23 points).—(1) Qualifications of specialist (8 points). The extent to which the application (i) contains evidence of desegregation-related background, training, and experience on the part of the person to be employed as an advisory specialist, and (ii) sets forth procedures for direct, formal consultation, on a regular basis, by such specialist with school board members and trustees and the superintendent of the affected school district concerning problems incident to desegregation;

(7

(2) Community involvement points). The extent to which the application (i) reflects the participation of representatives of the minority and nonminority group communities affected by desegregation in the development of the

proposed program, project, or activity, and (ii) contains evidence that such representatives will participate in the implementation of the proposed program, project, or activity; and

(3) Comprehensiveness (8 points). The extent to which (i) the application contains evidence that the proposed program, project, or activity is part of a comprehensive, long-range approach to desegregation planning and implementation, and (ii) the applicant proposes to conduct activities addressing a broad range of problem areas.

(42 U.S.C. 2000c-4.)

(e) Assistance under this subpart shall be awarded to applicants according to their ranking on the basis of the criteria set forth in this section until the funds available for such assistance have been exhausted. No more than 10 percent of the funds made available pursuant to this part for any fiscal year shall be awarded for programs, projects, or activities to be conducted pursuant to this subpart, unless the Commissioner determines that the applications pending before him for funds in excess of such amount for such programs, projects, or activities are of exceptional merit or promise.

U.S.C. 331-332b, 42 U.S.C. 2000c-2000c-9, 20 U.S.C. 887, 20 U.S.C. 1222, and 42 U.S.C. 2781-2837, unless otherwise noted.

SOURCE: The provisions of this Part 181 appear at 36 F.R. 16546, Aug. 21, 1971, unless otherwise noted.

§ 181.1

Definitions.

As used in this part:

(a) The term "Commissioner" means the U.S. Commissioner of Education.

(b) The term "desegregation" means the assignment of students to public schools and within such schools without regard to their race, color, religion, or national origin, but "desegregation" does not mean the assignment of students to public schools in order to overcome racial imbalance. (42 U.S.C. 2000c)

(c) The term "local educational agency" means a public board of education or other public authority legally constituted within a State either for 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 such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools, or a combination of local educational agencies; and includes any other public institution or agency having administrative control and direction of a public elementary or secondary school. (20 U.S.C. 881)

(d) The term "minority group" with reference to any person or persons, means a person or persons of Negro, AmericanIndian, Spanish-surnamed American, or Oriental ancestry.

(e) The term "nonprofit” as applied to an agency, organization, or institution means an agency, or organization, or institution owned or operated by one or more nonprofit corporations or associations no part of the net earnings of which inures or may lawfully inure, to the benefit of any private shareholder or individual. (20 U.S.C. 881)

(f) The term "person" includes an individual, group, organization, corporation, association, or other entity.

(g) The term "property" includes real or personal property. (Public Law 91380)

(h) The term "secondary school" means a school which provides secondary education, as determined under State law, except that it does not include

The purpose of the emergency assistance to be made available under the program described in this part is to meet special needs during the 1971-72 academic year incident to the elimination of racial segregation and discrimination among students and faculty in elementary and secondary schools by contributing to the costs of new or expanded activities to be carried out by local educational agencies or other agencies organizations, or institutions and designed the elimination of all forms of discrimito achieve successful desegregation and nation in the schools on the basis of race, color, religion, or national origin. § 181.3 Eligibility.

(a) (1) Assistance under the program may be made available to a local educational agency which is implementing a plan for the desegregation of its schools, which plan (i) has been undertaken pursuant to a final order of a court of the United States or of any State, or of a State administrative agency of competent jurisdiction, issued or modified on or after April 20, 1971, pursuant to constitutional requirements as set forth by the U.S. Supreme Court in "Swann v. Charlotte-Mecklenburg Board of Education," and its companion cases, or (ii) has been approved by the Secretary, on or after such date as adequate under title VI of the Civil Rights Act of 1964, and (iii) imposes new or additional desegregation requirements for the 1971-72 school year over and above those implemented by the school district in any prior year.

(2) Commencing 30 days after the effective date of this part, as amended, assistance may also be made available to a local educational agency which is implementing a plan for the desegregation of its schools, which plan would have made the local educational agency eligible for assistance under subparagraph (1) of this paragraph but for the fact that the applicable court order or title VI approval was issued prior to April 20, 1971: Provided however, That in any State a local educational agency which is eligible for assistance under

subparagraph (1) of this paragraph shall be accorded priority over such an agency in that State which is eligible therefor under this subparagraph (2).

(3) Commencing 30 days after the effective date of this part, as amended, such assistance may also be made available to a local educational agency which is implementing a plan for the desegregation of its schools with respect to which plan assistance was furnished (and not terminated) under this program prior to July 1, 1971: Provided however, That in any State a local educational agency which is eligible for assistance under subparagraph (1) or (2) of this paragraph shall be accorded priority over such an agency in that State which is eligible under this subparagraph (3).

(4) A local educational agency shall be ineligible for such assistance if it has engaged directly or indirectly in a transfer of property or services to or for the benefit of a nonpublic school or school system which practices discrimination on the basis of race, color, or national origin (or a person intending to establish or operate such a school or school system) (i) where such transfer (a) was for less than full value and (b) was effected after May 27, 1968 ("Green v. County School Board of New Kent County, Virginia," 391 U.S. 430), or (ii) where such transfer was by local educational agency which had applied for and received assistance under the program prior to July 1, 1971. (Public Law 91-380)

(b) In any case where the Commissioner finds that it would more effectively carry out the purposes of the program, he may make a grant to any public or nonprofit private agency, organization, or institution (other than a local educational agency), and contract with any public or private agency, institution, or organization to assist in the implementation of one or more desegregation plans described in paragraph (a) of this section.

(c) The Commissioner initially will reserve for use pursuant to paragraph (b) of this section 10 percent of the funds made available for the program. Any of such reserved funds not used pursuant to paragraph (b) of this section within such time as the Commissioner may determine will be made available for use by local educational agencies pursuant to paragraph (a) of this section. (Pub. Law 91-380 and Pub. Law 92-38)

§ 181.4 Authorized activities.

Projects assisted under the program shall be designed to contribute to achieving and maintaining desegregated school systems and should emphasize such activities as the following:

(a) Carrying out special community programs designed to assist school systems to implement desegregation plans such as (1) promoting understanding among students, school staffs, parents and community groups; (2) conducting community information programs to provide information concerning desegregation; (3) establishing and supporting committees consisting of minority and nonminority group members; (4) conducting school-home visitation programs; and (5) conducting special parent programs designed to facilitate the implementation of the desegregation plans;

(b) Carrying out special pupil personnel services designed to assist in maintaining quality education during the desegregation process such as (1) providing special guidance and counseling personnel with expertise in working with a desegregated student body; (2) providing remedial and other services to meet special needs of children affected by desegregation; and (3) employing special consultants;

(c) Carrying out special curriculum revision programs and special teacher preparation programs required to meet the needs of a desegregated student body such as (1) developing new and varied instructional techniques and materials designed to meet the special needs of children affected by desegregation; (2) designing and introducing new curricula that serve children from various ethnic backgrounds; (3) developing new material and techniques for improved evaluation and assessment of student progress; (4) carrying out special demonstration projects for the introduction of innovative instructional methodologies which will improve the quality of education in desegregated schools; (5) providing for individualized instruction, team teaching, nongraded programs, and the employment of master teachers; (6) establishing inservice programs to assist teachers in dealing with children who have inadequate English language skills; (7) promoting greater understanding of the attitudes and interpersonal relationships of students and teachers involved in the desegregation process; (8) upgrading basic skills and instructional

methodologies; (9) mobilizing university and consultant expertise in developmental programs and seminars on problems incident to desegregation; (10) providing temporary teachers whose employment will permit permanent teachers to participate in training related to desegregation; and (11) providing teacher aides whose employment will help improve instruction in schools affected by desegregation;

(d) Carrying out special studentto-student programs designed to assist students in opening up channels of communication concerning problems incident to desegregation such as (1) promoting mutual acceptance; (2) promoting greater understanding of racial peer pressures of students; (3) assisting student groups to develop interracial understanding; (4) involving groups consisting of minority and nonminority group students in curriculum revision; and (5) assisting groups consisting of minority and nonminority group students to plan and conduct desegregated extracurricular activities;

(e) Carrying out special comprehensive planning and logistic support designated to assist in implementing a desegregation plan such as (1) employing additional administrative and clerical personnel necessary for implementation of a plan; (2) assisting in the rescheduling and reassignment of students and teachers and the redrawing of transportation routes; (3) supervising necessary physical changes; and (4) minor repairing and minor remodeling of existing facilities and leasing or purchasing of mobile or demountable classroom units. Assistance may also be provided for any other specially designed project which the Commissioner determines will meet the purposes of the program.

(a) The Commissioner will allot the funds appropriated, allocated, or otherwise made available for the purposes of the program as follows:

(1) As soon as practicable after the effective date of this part, as amended, he shall allot to each State an amount which bears the same ratio to such funds (or portion thereof as determined in accordance with subparagraph (3) of this paragraph) as the number of minority group children aged 5 to 17 inclusive in the State who are in local educational agencies eligible for assistance under § 181.3

(a) (1) bears to the number of such minority group children in all of the States.

(2) In addition, within such time as the Commissioner may specify he shall allot such additional funds which have not been allotted pursuant to subparagraph (1) of this paragraph (or a portion thereof) by alloting to each State an amount which bears the same ratio to the funds to be alloted as the number of minority group children aged 5 to 17 inclusive in the State who are in local educational agencies eligible for assistance under § 181.3(a) (1), (2), and (3) bears to the total number of such minority group children in all the States. Any additional allotments shall be made on the basis of this subparagraph.

(3) The allotments specified in this paragraph (and the reallotments specified in paragraph (b) of this section) may be made on the basis of estimates with respect to the local educational agencies which will be eligible for assistance. For the purpose of making any of the allotments specified in this paragraph, the Commissioner may treat the funds available under the program in installments and allot each installment separately. The allotment of each such installment may be made on the basis of the most recent satisfactory data (including estimates in accordance with the second preceding sentence) available on the date of such allotment.

(b) That part of any State's allotment which the Commissioner determines will not be needed may be reallotted, on such dates as the Commissioner may fix, in proportion to the original allotments, but with appropriate adjustments to assure that any amount so made available to any State in excess of its needs is similarly reallotted among the other States.

(c) In no event will more than 122 percent of the funds allotted be used in any one State.

§ 181.6 Application.

(a) An application of a local educational agency for assistance under the program shall

(1) Set forth a comprehensive statement of the problems faced by that agency in achieving and maintaining a desegregated school system, including a comprehensive assessment of the needs of the children in such agency;

(2) Describe in detail the new requirements to which such agency is subject

with respect to the 1971-72 academic year, and

(3) Describe the activities that are designed to comprehensively and effectively meet the problems created by such new requirements, including the specific activities to be carried out with assistance requested under the program and the manner in which these activities will address such problems;

(4) Contain assurances satisfactory to the Commissioner, accompanied by such supportive information as he may require:

(i) That Federal funds made available under the program for any fiscal year will be so used as to supplement and, to the extent practical, increase the level of funds that would, in the absence of such Federal funds, be available to the applicant from non-Federal sources for purposes which meet the requirements of the program, and in no case to supplant such funds;

(ii) That Federal funds made available under the program will not be used to supplant funds which (a) were available to the applicant from non-Federal sources prior to the implementation by the applicant of an order or plan for the desegregation of its schools and (b) have been withdrawn or reduced as a result of desegregation. For the purposes of this paragraph, a reduction as a result of desegregation shall not be deemed to have taken place where non-Federal funds available to a local educational agency pursuant to State statute are reduced by operation of such statute, solely on account of a decline in such agency's enrollment or its transportation needs;

(iii) That a reasonable effort is being made to utilize other Federal funds available for meeting the needs of children;

(iv) (a) That in order to facilitate the administration of § 181.3(a) (4) such agency has fully disclosed in such application any transfer after May 27, 1968, of property or services to or for the benefit of a nonpublic school or school system (or a person intending to establish or operate a nonpublic school or school system), in which transfer it has engaged directly or indirectly; and (b) that such agency will not, after the date of such application, engage directly or indirectly in any transfer of property or services to or for the benefit of a nonpublic school or school system which practices discrimination on the basis of race, color, or national origin (or a person intending to establish or operate such a school or

school system), ana will take all steps within its authority to insure that its property or services do not benefit such a school, school system, or person; (Public Law 91-380)

(v) That staff members of the local educational agency who work directly with children, and professional staff of such agency who are employed on the administrative level, will be hired, assigned, promoted, paid, demoted, dismissed, and otherwise treated without regard to being members of minority groups.

(vi) That the local educational agency has assigned its full-time classroom teachers for the 1971-72 academic year so that the ratio of minority to nonminority group classroom teachers in each school is substantially the same as the ratio that exists in the faculty of the system as a whole; ("Swann v. Charlotte-Mecklenburg Board of Education," Sup. Ct. Oct. Term 1970, Nos. 281 and 349 (Apr. 20, 1971))

(vii) That no practices or procedures, including testing, will be employed by the local educational agency in the assignment of children to classes, or otherwise in carrying out curricular or extracurricular activities, within the schools of such agency in such a manner as to result in the isolation of minority and nonminority group children for a substantial part of the day; and that no other practices or procedures, including disciplinary sanctions, will be employed in such a manner as to discriminate against children on the basis of race, color, or national origin;

(viii) That the applicant will have published in the local newspaper of general circulation the terms and provisions of each project approved by the Commissioner within 30 days of such approval, or will have published in a local newspaper of general circulation, within 30 days of such approval, pertinent information as to the manner in which, and the place at which, the terms and provisions of such approved project are made reasonably available to the public;

(ix) That the applicant will complete and submit to the Office for Civil Rights of the Department of Health, Education, and Welfare, by October 15, 1971, or such other time as may be determined by that office, an evaluation form to be furnished by that office;

(x) That the applicant will furnish to the Commissioner such additional information as he may deem necessary for the administration of the program;