gard to race, color, national origin, gender, age, or disabling condition.

(2) To determine the qualifications of personnel referred to in paragraphs (d)(1) (i) and (ii) of this section, the Secretary considers

(i) Experience and training in fields related to the objectives of the project; and

(ii) Any other qualifications that pertain to the project.

(e) Budget and cost effectiveness. (10 points) The Secretary reviews each application to determine the extent to which

(1) The budget is adequate to support the project;

(2) Costs, particularly equipment costs, are reasonable in relation to the objectives of the project.

(f) Evaluation plan. (15 points) The Secretary reviews each application to determine the quality of the evaluation plan for the project, including the extent to which

(1) The applicant's methods of evaluation

(i) Are appropriate to the project; (ii) In a project that will provide instruction to students

(A) Compare the educational progress of students served by the project with the progress of a suitable control group; or

(B) If the applicant demonstrates that use of such a control group is not feasible, include an alternative evaluation measure that is both valid and reliable to assess the educational progress of students served by the project; and

(iii) Are likely to produce reliable, valid, and significant data; and

(2) The applicant's plan specifies the data to be collected in order to evaluate the project, including, if appropriate, socioeconomic, education, demographic, and assessment data.

(g) Adequacy of resources. (10 points) The Secretary reviews each application to determine the adequacy of the resources that the applicant plans to devote to the project, including facilities, equipment and supplies.

(Approved by the Office of Management and Budget under control number 1850-0635) (Authority: 20 U.S.C. 3061-3068)

§791.22 What additional factors does the Secretary consider in making new awards?

In determining the order of selection for new awards-under EDGAR, 34 CFR 75.217(d)—the Secretary considers, in addition to the criteria in §791.21, the extent to which funding an application would contribute to

(a) The provision of services to gifted and talented students who are economically disadvantaged, are limited English proficient, or have disabling conditions, or who have any combination of these characteristics;

(b) The diversity of projects funded under this program; and

(c) The geographical distribution of projects funded under this program. (Authority: 20 U.S.C. 3061-3068)

Subpart D-What Conditions Must Be Met After an Award?

§791.30 What are the conditions on the use of an award?

(a) A grantee shall use any funds received under the Javits Gifted and Talented Students Education Grant Program to supplement and make more effective the expenditure of State and local funds, and Federal funds under chapter 2 of title I and title II of the Elementary and Secondary Education Act of 1965, for the education of gifted and talented students.

(b) The Secretary may restrict the amount of funds used to purchase equipment and supplies.

(Authority: 20 U.S.C. 3062)

§ 791.31 What are

a grantee's responsibilites for serving students and teachers in private schools?

If a project includes provision of services to students or teachers, the grantee shall provide for the equitable participation in the project of students and teachers in private nonprofit elementary and secondary schools, including the participation of teachers and other personnel in pre-service and inservice training programs for serving gifted and talented students.

(Authority: 20 U.S.C. 3066)

1200.101 Purpose.

1200.102 Application.

1200.103 Definitions.

1200.104-1200.109 [Reserved]

1200.110 Self-evaluation.

1200.111 Notice.

1200.112-1200.129 [Reserved]

1200.130 General prohibitions against discrimination.

1200.131-1200.139 (Reserved] 1200.140 Employment. 1200.141-1200.148 [Reserved]

1200.149 Program accessibility: Discrimination prohibited.

1200.150 Program accessibility: Existing facilities.

1200.151 Program accessibility: New construction and alterations. 1200.152-1200.159 [Reserved]

1200.160 Communications.

1200.161-1200.169 [Reserved]

1200.170 Compliance procedures. 1200.171-1200.999 [Reserved]

AUTHORITY: 29 U.S.C. 794.

SOURCE: 58 FR 57698, 57699, Oct. 26, 1993, unless otherwise noted.

$1200.101 Purpose.

The purpose of this part is to effectuate section 119 of the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978, which amended section 504 of the Rehabilitation Act of 1973 to prohibit discrimination on the basis of handicap in programs or activities conducted by Executive agencies or the United States Postal Service.

§ 1200.102 Application.

This part (§§ 1200.101-1200.170) applies to all programs or activities conducted by the agency, except for programs or activities conducted outside the United States that do not involve individuals with handicaps in the United States.

$1200.103 Definitions.

For purposes of this part, the termAssistant Attorney General means the Assistant Attorney General, Civil

Rights Division, United States Department of Justice.

Auxiliary aids means services or devices that enable persons with impaired sensory, manual, or speaking skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities conducted by the agency. For example, auxiliary aids useful for persons with impaired vision include readers, Brailled materials, audio recordings, and other similar services and devices. Auxiliary aids useful for persons with impaired hearing include telephone handset amplifiers, telephones compatible with hearing aids, telecommunication devices for deaf persons (TTD's), interpreters, notetakers, written materials, and other similar services and devices.

Complete complaint means a written statement that contains the complainant's name and address and describes the agency's alleged discriminatory action in sufficient detail to inform the agency of the nature and date of the alleged violation of section 504. It shall be signed by the complainant or by someone authorized to do so on his or her behalf. Complaints filed on behalf of classes or third parties shall describe or identify (by name, if possible) the alleged victims of discrimination.

Facility means all or any portion of buildings, structures, equipment, roads, walks, parking lots, rolling stock or other conveyances, or other real or personal property.

Historic preservation programs means programs conducted by the agency that have preservation of historic properties as a primary purpose.

Historic properties means those properties that are listed or eligible for listing in the National Register of Historic Places or properties designated as historic under a statute of the appropriate State or local government body.

Individual with handicaps means any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. As used in this definition, the phrase: (1) Physical or mental impairment includes

(i) Any physiological disorder or condition, cosmetic disfigurement, or ana

tomical loss affecting one or more of the following body systems: Neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or

(ii) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term "physical or mental impairment" includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, HIV disease (whether symptomatic or asymptomatic), and drug addiction and alcoholism.

(2) Major life activities include functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

(3) Has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.

(4) Is regarded as having an impairment

means

(i) Has a physical or mental impairment that does not substantially limit major life activities but is treated by the agency as constituting such a limitation;

(ii) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or

(iii) Has none of the impairments defined in paragraph (1) of this definition but is treated by the agency as having such an impairment.

Qualified individual with handicaps

means

(1) With respect to preschool, elementary, or secondary education services provided by the agency, an individual with handicaps who is a member of a class of persons otherwise entitled by statute, regulation, or agency policy to receive education services from the agency;

(2) With respect to any other agency program or activity under which a person is required to perform services or to achieve a level of accomplishment, an individual with handicaps who meets the essential eligibility requirements and who can achieve the purpose of the program or activity without modifications in the program or activity that the agency can demonstrate would result in a fundamental alteration in its nature;

(3) With respect to any other program or activity, an individual with handicaps who meets the essential eligibility requirements for participation in, or receipt of benefits from, that program or activity; and

(4) Qualified handicapped person as that term is defined for purposes of employment in 29 CFR 1614.203(a)(6), which is made applicable to this part by § 1200.140.

Section 504 means section 504 of the Rehabilitation Act of 1973 (Pub. L. 93112, 87 Stat. 394 (29 U.S.C. 794)), as amended. As used in this part, section 504 applies only to programs or activities conducted by Executive agencies and not to federally assisted programs.

Substantial impairment means a significant loss of the integrity of finished materials, design quality, or special character resulting from a permanent alteration.

§§ 1200.104-1200.109 [Reserved]

§ 1200.110 Self-evaluation.

(a) The agency shall, by November 28, 1994, evaluate its current policies and practices, and the effects thereof, that do not or may not meet the requirements of this part and, to the extent modification of any such policies and practices is required, the agency shall proceed to make the necessary modifications.

(b) The agency shall provide an opportunity to interested persons, including individuals with handicaps or organizations representing individuals with handicaps, to participate in the selfevaluation process by submitting comments (both oral and written).

(c) The agency shall, for at least three years following completion of the self-evaluation, maintain on file and make available for public inspection: