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CHAPTER I-OFFICE OF EDUCATION
DEPARTMENT OF HEALTH, EDUCATION,

AND WELFARE

Part

101

102

103

107

111

112

113

114

115

116

117

118

119

121

Administrative procedure.

State vocational education programs.

Research and training, exemplary, and curriculum development programs in vocational education.

Federal financial assistance for planning and evaluation.

Hearings in connection with school construction and financial assistance in Federally impacted areas.

Financial assistance for construction of public elementary and secondary schools affected by certain disasters.

Financial assistance for current school expenditures of local educational agencies affected by certain disasters.

Federal assistance under Public Law 815, 81st Congress, as amended, in construction of minimum school facilities in areas affected by Federal activities.

Financial assistance for current expenditures of local educational agencies in areas affected by Federal activities and arrangements for free public education of certain children residing on Federal property.

Financial assistance to meet the special educational needs of educationally deprived children.

Financial assistance for school library resources, textbooks, and other instructional materials.

Supplementary centers and services; guidance, counseling, and testing programs.

Federal financial assistance for strengthening State departments of education.

Programs for the education of handicapped children.

123 Financial assistance for bilingual education programs.

124 Financial assistance for demonstration projects for reducing the number of school dropouts.

Part

129

130

131

132

141

142

143

144

145

146

147

150

151

155

158

160

166

167

170

171

173

175

176

177

178

180

181

185

186

187

188

190

Comprehensive educational planning and evaluation.

Library services, public library construction, and interlibrary cooperation. College library resources program under Title 11-A, Higher Education Act of 1965, as amended.

Grants for training in librarianship.

Financial assistance for strengthening instruction in academic subjects in public schools.

Loans to private non-profit schools for strengthening instruction in academic subjects.

[Reserved]

National defense student loan program.

National defense graduate fellowship program.

National defense foreign language fellowships.

Procedures and criteria for resolving questions involving moral character
or loyalty of applicants for and holders of NDEA Fellowships.
Production and distribution of captioned films for the deaf.

Federal financial assistance for research and research related activities in the
field of education and for construction of national and regional research
facilities.

Upward Bound.

Follow through program.

Training program under Manpower Development and Training Act of 1962.

State adult education programs.

Special projects and teacher training in adult education.

Financial assistance for construction of higher education facilities.

Financial assistance for acquisition of equipment to improve undergraduate instruction in institutions of higher education.

Financial assistance for community service and continuing education programs.

College work-study program.

Supplemental educational opportunity grant programs.

Federal, State, and private programs of low-interest loans to vocational students and students in institutions of higher education.

Federal, State, and private programs of low-interest loans and direct federal loans to vocational students.

Desegregation of public education.

Emergency school assistance program.

Emergency school aid.

Indian Elementary and Secondary School Assistance Act.

Financial assistance for the improvement of educational facilities for Indian children.

Financial assistance for the improvement of educational opportunities for adult Indians.

Basic education opportunities grant program.

PART 101-ADMINISTRATIVE

PROCEDURE

Subpart A-Grants to Land-Grant Colleges and Universities

Sec.

101.1 Purposes for which grants are made. 1012 Manner in which funds are channeled to the States.

101.3

Forms for reports from land-grant colleges and universities. 101.4 Withholding of grants.

AUTHORITY: The provisions of this Part 101 issued under 26 Stat. 417, as amended; 7 U.S.C. 321-329; sec. 204, Reorg. Plan No. 1 of 1939; 3 CFR, 1943 Cum. Supp., sec. 5, Reorg. Plan No. 1 of 1953; 3 CFR, 1953 Supp.

SOURCE: The provisions of this Part 101 appear at 11 F.R. 177A-545, Sept. 11, 1946, unless otherwise noted. Redesignated at 13 F.R. 8785, Dec. 80, 1948.

§ 101.1 Purposes for which grants are made.

The Morrill, Nelson and BankheadJones appropriations for the land-grant colleges and universities may be applied to instruction in agriculture, the mechanic arts, the English language and the various branches of mathematical, physical, natural, and economic science, with special reference to their applications in the industries of life, and to the facilities for such instruction, and a portion thereof may be used for providing courses for the special preparation of instructors for teaching the elements of agriculture and the mechanic arts.

§ 101.2 Manner in which funds are channeled to the States.

The Federal funds for the land-grant colleges and universities are channeled to the institutions as follows: From a study of the information contained in reports covering the preceding year from the presidents and treasurers of the landgrant colleges and universities together with further investigation if necessary, it is determined whether the several States and Territories are entitled to participate in the Federal appropriations. On or before July 1 each year the Secretary of Health, Education, and Welfare certifies to the Secretary of the Treasury as to each State and Territory whether it is entitled to receive its share of the annual appropriation for the land-grant colleges and universities, and the amount it is entitled to receive. On or before July

31 the Secretary of the Treasury pays to each State and Territory, to the State or Territorial treasurer, or to such officer as has been designated by the laws of the State or Territory to receive it, the amount it is entitled to receive. Immediately upon request of the appropriate officials of the land-grant colleges or universities the State or Territorial treasurers or other officers designated to receive the grants pay the money over to the treasurers of the land-grant institutions.

101.3 Forms for reports from landgrant colleges and universities.

The following forms, prepared by the Office of Education, are used by the presidents and treasurers of the land-grant colleges and universities for their annual reports to the office:

8-041 Part I Staff and Students for the Academic Year. Contains five schedules: A-Staff; B-Students; C-Enrollments and Degrees; D-Distribution of Degrees in Colleges of Arts and Sciences; E-Preparing for Teaching. 104 items. 4 pages.

8-041 Part II Financial Report for the Fiscal Year. Contains five schedules: A-Receipts Specifically Designated for Additions to Physical Plant and Additions to Endowments and to Other Nonexpendable Funds; B-General Income; C-Bond Issues and Other Borrowings; D-Expenditures by Function or Purpose; E-Fund and Plant Values. 58 items. 4 pages.

8-041 Part II Schedule G, Federal Funds. 15 items. 1 page.

8-041 Part III Land-Grant Fund, First Morrill Act of 1862. 19 items. 2 pages. 8-041 Part IV Supplementary Morrill Funds. page. Itemized report of Receipts and Disbursements of Morrill, Nelson and Bankhead-Jones funds.

§ 101.4 Withholding of grants.

In the event that the Secretary of Health, Education, and Welfare withholds certification from a State or Territory of its share of the appropriation, he reports the facts and reasons therefor to the President of the United States and the amount involved is kept separate in the Treasury until the close of the next Congress, in order that the State or Territory may, if it should so desire, appeal to Congress from the determination of the Secretary of Health, Education, and Welfare. If the next Congress does not direct such sum to be paid, it is covered into the Treasury.

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102.7

Vocational education for disadvantaged or handicapped persons. Participation of students in private nonprofit schools.

102.70

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102.71

102.72

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102.76

102.77

102.23

102.24

Functions and responsibilities. Meetings and rules.

102.78

102.79

102.25

Staff.

102.26

102.80

Compensation.

Subpart C-State Plan Provisions

GENERAL

Long-range program plan.

Annual program plan.

102.36 Program evaluation.

SONNEL TRAINING

State plan provisions-general.
State research coordination unit
Application procedures.

102.73 Notification to Commissioner.
EXEMPLARY PROGRAMS AND PROJECTS
State plan provisions-general.
Application procedures.
Coordination with other programs.
Participation of students in private
nonprofit schools.

Noncommingling of funds. 102.81 Notification to Commissioner. CONSUMER AND HOMEMAKING EDUCATION 102.91 State plan provisions-general. 102.92

Procedures for establishing and
operating consumer and home-
making programs.
Requirements.

102.94 Ancillary services and activities. COOPERATIVE VOCATIONAL EDUCATION PROGRAMS State plan provisions-general.

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102.33

102.34

102.93

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and services. Allowable expenditures for construction of area vocational education schools.

102.136 Allowable expenditures for vocational education for disadvantaged persons.

102.137 Allowable expenditures for research and training programs.

102.138 Allowable expenditures for exemplary programs and projects. [Reserved]

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102.139 102.140 Allowable expenditures for sumer and homemaking education.

102.141 Allowable expenditures for cooperative vocational education. 102.142 Allowable expenditures for vocational work-study programs. 102.143 Allowable expenditures for State planning, administration, and evaluation.

102.144 Computation of allowable expenditures.

102.145 Allowable expenditures under more than one State allotment.

102.146 Use of funds for religious worship or instruction.

102.147 Tuition and fees.

Subpart E-Payments and Reports 102.151 Conditions for payments to States. 102.152 Withholding of payments. 102.153 Payment to State advisory council. 102.154 Method of payment.

102.155 Effect of Federal payments. Transfer of allotments.

102.156

102.157

Reallotment.

102.158 Disposition of unexpended Federal

funds.

102.159 Annual evaluation report. 102.160 Annual report of program activities. 102.161 Final reports of programs or projects.

AUTHORITY: The provisions of this Part 102 issued under 82 Stat. 1064-1091; 20 U.S.C. 1241 to 1391.

SOURCE: The provisions of this Part 102 appear at 35 FR 7334, May 9, 1970, unless otherwise noted.

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(a) Purpose. The purpose of the regulations in this part is to implement the provisions of the Vocational Education Act of 1963, as amended, which provides for Federal grants to States to assist them to maintain, extend, and improve existing programs of vocational education. to develop new programs of vocational education, and to provide parttime employment for youths who need the earnings from such employment to continue their vocational training on a full-time basis, so that persons of all ages in all communities of the Statethose in high school, those who have completed or discontinued their formal education and are preparing to enter the labor market, those who have already entered the labor market but need to upgrade their skills or learn new ones, those with special educational handicaps, and those in postsecondary schools-will have ready access to vocational training or retraining which is of high quality, which is realistic in the light of actual or anticipated opportunities for gainful employment, and which is suited to their needs, interests, and ability to benefit from such training.

(b) Scope. The scope of the regulations in this part covers allotments to States for vocational education programs under part B; research, training, experimental, developmental, and pilot programs, and dissemination activities under section 131(b) of part C; exemplary programs and projects under section 142 (d) of part D; consumer and homemaking education programs under part F; cooperative vocational education programs under part G; and work-study programs for vocational education students under part H of said Act.

(c) Other regulations. The regulations in Part 103 are applicable to grants and contracts by the Commissioner for research, training, and related programs in vocational education pursuant to section 131(a) of part C, exemplary programs and projects in vocational education pursuant to section 142(c) of part D, and curriculum development in vocational and technical education pursuant to part I, of the Act. § 102.2 Applicability of

regulation.

civil rights

Federal financial assistance under this part is subject to the requirements of

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