participants, in achieving established goals and objectives;

(2) Contain provisions that allow for frequent feedback from evaluation data provided by participants, teachers, and community groups in order to improve the effectiveness of the program; and

(3) Include a description of the types of instructional materials the applicant plans to make available and the methods for making the materials available.

(Approved by the Office of Management and Budget under control number 1830-0506)

(Authority: 42 U.S.C. 11421)

[54 FR 34430, Aug. 8, 1989, as amended at 56 FR 13522, Apr. 2, 1991]

$491.22 What additional factor does the Secretary consider?

In addition to the criteria in §491.21, the Secretary may consider whether

funding a particular applicant would improve the geographical distribution of projects funded under this program. (Authority: 42 U.S.C. 11421)

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

§ 491.30 How may an SEA operate the program?

An SEA may operate the program directly, award subgrants, or award contracts to eligible recipients. If an SEA awards contracts, the SEA shall distribute funds on the basis of the Stateapproved contracting process.

(Authority: 42 U.S.C. 11421(a)).

Subpart A-General

§ 500.1 What programs are governed by these regulations?

The regulations in this part apply to programs authorized under the Act. The programs governed by this part and their applicable program regulations are as follows:

(a) Basic Programs (34 CFR part 501). (Authority: 20 U.S.C. 3291(a) (1), (2), and (3))

(b) Programs of Academic Excellence (34 CFR part 524).

(Authority: 20 U.S.C. 3291(a)(4))

(c) Family English Literacy Program (34 CFR part 525).

(Authority: 20 U.S.C. 3291(a)(5))

(d) Special Populations Program (34 CFR part 526).

(Authority: 20 U.S.C. 3291(a)(6))

(e) State Educational Agency Program (34 CFR part 548). (Authority: 20 U.S.C. 3302)

(f) Educational Personnel Training Program (34 CFR part 561). (Authority: 20 U.S.C. 3221)

(g) Fellowship Program (34 CFR part 562).

(Authority: 20 U.S.C. 3321(a)(2), 3323)

(h) Training Development and Improvement Program (34 CFR part 573). (Authority: 20 U.S.C. 3321(a)(3))

(i) Short-Term Training Program (34 CFR part 574).

(Authority: 20 U.S.C. 3321(a)(4))

[51 FR 44243, June 19, 1986, as amended at 53 FR 39218, Oct. 5, 1988]

§ 500.2 [Reserved]

§ 500.3 What regulations apply to these programs?

(a) Except as described in paragraphs (b), (c) and (d) of this section, the following regulations apply to programs authorized under the Act listed in $ 500.1:

(1) The regulations in this part 500. (2) The Education Department General Administrative Regulations (EDGAR) in 34 CFR

(i) Part 74 (Administration of Grants of Institutions of Higher Education, Hospitals and Nonprofit Organizations);

(ii) Part 75 (Direct Grant Programs); (iii) Part 77 (Definitions That Apply to Department Regulations);

(iv) Part 78 (Education Board);

Appeal

(v) Part 79 (Intergovernmental Review of Department of Education Programs and Activities); and

(vi) Part 80 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments).

(b) The provisions in 34 CFR 75.217 (b) through (d) (relating to the review of applications) do not apply to the State Educational Agency Program in 34 CFR part 548.

(c) Except for the provisions in 34 CFR 75.51 (relating to proof of nonprofit status) the EDGAR provisions listed in paragraph (a)(2) of this section do not apply to the Fellowship Program in part 562.

(d) The provisions in 34 CFR 75.217(b)(2) (relating to the review of applications) do not apply to 34 CFR parts 501, 524, 525, 526, 561, 573, and 574.

(Authority: 20 U.S.C. 3281-3341)

[51 FR 22423, June 19, 1986, as amended at 53 FR 39218, Oct. 5, 1988]

$500.4 What definitions apply to these programs?

(a) Definitions in EDGAR. The following terms used in the parts listed in §500.1 (except part 562) are defined in 34 CFR 77.1:

Applicant Application

Award

Budget period

Department

EDGAR

Elementary school
Fiscal year
Grant period

Local educational agency; for the purpose of carrying out programs under the Act for individuals served by elementary, secondary, or postsecondary schools operated predominantly for Indian or Alaska Native children, the term also means an Indian tribe or tribally sanctioned educational authority.

Nonprofit

Nonpublic

Preschool

Private

Project

Public

Recipient

Secondary school

Secretary

State

State educational agency

(b) Definitions in the Act. The following terms used in the parts listed in §500.1 are defined in section 7003 of the Act: Director

Family English literacy program
Limited English proficiency and pro-
ficient
Low-income

Native language

Office

Other programs for persons of limited English proficiency

Programs of academic excellence Program of developmental bilingual education

Program of transitional bilingual education

Secretary

Special alternative instructional programs

(Authority: 20 U.S.C. 3283)

(c) Program definitions. The following definitions also apply to the parts listed in § 500.1:

Act or Title VII means the Bilingual Education Act, title VII of the Elementary and Secondary Education Act, as amended by Pub. L. 100-297.

(Authority: 20 U.S.C. 3281-3341)

Educational personnel means teachers, teacher aides, paraprofessionals, administrators, school psychologists, guidance counselors, and other persons who provide or are preparing to provide instructional or support services in programs for limited English proficient persons.

(Authority: 20 U.S.C. 3281-3341)

Indian tribe means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) that is recognized for the special programs and services provided by the United States to Indians because of their status as Indians.

(Authority: 20 U.S.C. 3292)

Tribally sanctioned educational authority means any department or division of education operating within the administrative structure of the duly constituted governing body of an Indian tribe, as well as any nonprofit institution or organization that—

(1) Is chartered by the governing body of an Indian tribe to operate any school or otherwise oversee delivery of