(7) Development of proposed revisions to State, local and school board policies, practices, procedures, rules, and regulations;

(8) Innovative activities developed and conducted by students and designed to identify causes of, and to develop remedies for, the disproportionately high incidence of disciplinary action involving minority group students.

(c) All activities authorized under this section must be conducted in a manner consistent with sections 438-440 of the General Education Provisions Act (including the "Family Educational Rights and Privacy Act of 1974"), as amended, and any regulations promulgated thereunder.

(20 U.S.C. 1232g-12321, 1607(a))

§ 185.93-2 Applications.

(a) Applications pursuant to § 185.93 shall comply with the requirements of § 185.13(a), (b), (c), (d), (f), (g), (h), (j), (k) (1) (i), (k) (1) (ii), (k) (2), and (m). All applications for assistance under § 185.93, together with all correspondence and other written materials relating thereto, shall be made readily available to the public by the applicant and by the Assistant Secretary.

(b) In addition to the information and assurances required by paragraph (a) of this section, applications shall contain the following information:

(1) A description of the proposed project and of such policies and procedures as will insure that the applicant will use funds received under § 185.93 only for the activities described in § 185.93-1;

(2) A letter from each local educational agency with which the applicant proposes to conduct activities, indicating that the local educational agency has reviewed the proposed project and the application and has agreed to participate in the program activities, if funded;

(3) A statement, signed by an authorized official of each local educational agency with which the applicant proposes to conduct activities, that such local educational agency is in compliance with the requirements described in § 185.43 or § 185.44.

(20 U.S.C. 1605(d), 1607(a), 1609(a)) § 185.93-3

Criteria for assistance.

(a) Educational and programmatic criteria. The Assistant Secretary shall determine the educational and programmatic merits of applications for funds for

special student concerns projects on the basis of the following criteria:

(1) Needs assessment (25 points). (1) The extent to which the applicant has undertaken a preliminary assessment of the needs to be addressed by the proposed project and has obtained objective data as to suspension, expulsion, and other forms of disciplinary action respecting minority group students in the cooperating local educational agencies;

(ii) The difference in magnitude between the extent of such disciplinary action prior to implementation of a plan or project described in § 185.11 or § 185.31 (a) and the extent of such disciplinary action during implementation of such plan or project, a greater difference indicating greater need;

(iii) The percentage of such disciplinary action involving students who are members of minority groups as opposed to the percentage of students in attendance in the schools of the cooperating local educational agency or agencies who are minority group members, a greater difference indicating greater need.

(2) Statement of objectives (6 points). (i) The degree to which the applicant sets out specific measurable objectives for its project in relation to the needs identified;

(ii) The degree to which the project promises realistically to address the needs identified.

(3) Activities (43 points). (i) Project design (28 points). (a) The extent to which students are involved in assessing disciplinary pattern problems and involved in devising solutions; (b) the extent to which the cooperating local educational agencies will be actively involved in the project's implementation, (c) the quality of any data collection and analysis methods outlined in the application, and (d) the extent to which principals, teachers, and other personnel of the schools to participate in the program described in § 185.93-1(b) will be involved in the development of such program;

(ii) Staffing (3 points). The extent to which the application sets out an adequate staffing plan for the project and provides that staff members will be selected who have had experience in dealing with disciplinary pattern problems;

(iii) Delivery of services (3 points). The extent to which the proposed project sets out a plan for meeting the logistical requirements of the proposd activities, including a description of ade

quate and conveniently available facilities and equipment;

(iv) Parent and community involvement (9 points). The extent to which the application (a) delineates specific opportunities for community and advisory committee participation in the development and implementation of the proposed project in addition to those required by § 185.93-4, and (b) includes evidence that such participation has been encouraged and has in fact occurred.

(4) Resource management (4 points). The extent to which the application contains evidence that (i) the costs of project components are reasonable in relation to the expected benefits; (ii) all possible efforts have been made to minimize the amount of funds requested for purchase of equipment necessary for implementation of the proposed project; and (iii) the proposed project will be coordinated with existing efforts in the same area.

(5) Evaluation (12 points). The extent to which the application sets out a format for objective, quantifiable measurement of the success of the proposed project in achieving the stated objectives, including (1) a timetable for compilation of data for evaluation and a method of reviewing the project in the light of such data; and (ii) a description of instruments to be used for evaluation of the proposed project (and of the method for validating such instruments), or a description of the procedure to be employed in selecting such instruments.

(6) Replicability (5 points). The extent to which the project may be easily replicated in other schools, both within the cooperating local educational agency or agencies and in other local educational agencies.

(7) Dissemination (5 points). The extent to which adequate provision is made to disseminate information regarding the progress and findings of the project, including results of the program described in 185.93-1(b), to other educational agencies and other interested agencies and organizations.

(8) In making the determinations required under this paragraph, the Assistant Secretary is authorized to purchase or utilize the services, recommendations, and advice of experts in the areas of student discipline patterns, education,

and human relations from the Department, other Federal agencies, State or local governmental units, or the private sector.

(b) Funding criteria. In determining amounts to be awarded to applicants for assistance pursuant to § 185.93, the Assistant Secretary shall consider the additional cost to each applicant (as such cost is defined in § 185.13(a)) of effectively carrying out its proposed project in relation to the amount of funds available for assistance pursuant to § 185.93 and the other applications for such assistance pending before him. The Assistant Secretary shall not be required to approve any application which does not meet the requirements of the Act or this part, or which sets forth a project of such insufficient promise for achieving the purposes of the Act that its approval is not warranted. In applying the criterion set out in this paragraph, the Assistant Secretary shall award funds to applicants (whose applications meet such requirements and are of sufficient promise to warrant approval) in the order of their ranking on the basis of the criteria set out in this section. No more than one award shall be made for any fiscal year to applicants proposing to carry out projects with respect to local educational agencies in any one State, unless the Assistant Secretary determines that several applications for such State are of exceptional merit or promise.

(20 U.S.C. 1601(b), 1607(a), 1609 (c) (1), (2), (4), and (6))

§ 185.93-4 Community involvement.

Applicants shall comply with the requirements for advisory committee par. ticipation set forth in § 185.65. Where the primary area to be served by the project is larger than that of one local educational agency, members of the advisory committees required by this section, and civic or community organizations designated to select such members, shall be selected to represent the larger area to be served.

(20 U.S.C. 1607(a))

OTHER SPECIAL PROJECTS § 185.94 Eligibility for assistance.

(a) (1) The Assistant Secretary may assist, by grant or contract, any State or local educational agency or other public agency or organization (or a combina

tion of such agencies and organizations), from funds reserved pursuant to § 185.95 (b) (1) for the purpose of conducting special programs or projects which the Assistant Secretary determines will make substantial progress toward achieving the purposes of the Act.

(2) No more than two and one-half percent of the funds appropriated under the Act for any fiscal year shall be awarded pursuant to this section for projects in Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.

(20 U.S.C. 1607(a))

(b) Limitations on eligibility; nonpublic participation. The limitations on eligibility set forth in § 185.43 shall apply to educational agencies applying for assistance under this section. The provisions of § 185.44 as to waiver of ineligibility shall apply to local educational agencies applying for assistance under this section. The provisions of § 185.45 as to termination of assistance shall apply to all recipients of assistance under this section. The provisions of § 185.42 as to participation of children or staff enrolled in or employed by non-public schools shall apply to local educational agencies applying for assistance under this section.

(20 U.S.C. 1605 (d), 1607(a), 1609 (a), 1611(c)) $ 185.94-1 Authorized activities.

(a) Assistance made available pursuant to 185.94 shall be used for activities described in or authorized by §§ 185.12, 185.22, 185.32, 185.52, 185.62, and 185.72 which would not otherwise be funded and which are designed to carry out the purposes described in § 185.01.

(b) The provisions of § 185.12(b), (c), and (d) shall apply to assistance made available under § 185.94.

(20 U.S.C. 1607(a))

§ 185.94-2 Applications.

Applications by local educational agencies for assistance under this subpart shall comply with the requirements of 185.13(a) through (n). Applications by other public agencies or organizations shall be in such form, and contain such information and assurances, as may be required by the Assistant Secretary. All applications for assistance under § 185.94,

together with all correspondence and other written materials relating thereto, shall be made readily available to the public by the applicant and by the Assistant Secretary.

(20 U.S.C. 1607(a), 1609 (a))

§ 185.94-3 Criteria for assistance.

The merits of applications for assistance pursuant to § 185.94 shall be determined on the basis of the criteria set forth in § 185.14, to the extent that such criteria are applicable to the proposed program, project, or activity. (20 U.S.C. 1607(a), 1609 (c))

§ 185.94-4 Community involvement.

Applicants for assistance pursuant to $ 185.94 which are local educational agencies shall comply with the requirements of § 185.41, to the extent that such requirements are applicable to the proposed program, project, or activity. Other applicants for assistance pursuant to § 185.94 shall comply with the requirements for advisory committee participation set forth in § 185.65. Where the primary area to be served by the project is larger than that of one local educational agency, members of the advisory committees required by this section, and civic or community organizations designated to select such members, shall be selected to represent the larger area to be served. (20 U.S.C. 1607(a), 1609 (a) (2) and (3), 1609 (b))

(1) An amount no less than 4 percent nor more than 5 percent of the sums appropriated under the Act for any fiscal year for the purposes of special projects under subparts D and J of this part;

(2) An amount equal to 4 percent of the sums so appropriated for the purposes of bilingual activities under subpart E of this part;

(3) An amount no less than 3 percent nor more than 4 percent of the sums so appropriated for the purposes of educational television projects under subpart H of this part; and

deficits for food services and student body activities, but not including expenditures for community services, capital outlay, and debt service, or any expenditures made from funds granted under title II of Public Law 81-874, or title II or III of the Elementary and Secondary Education Act of 1965.

(20 U.S.C. 244 (5).)

"Free public education" means education which is provided at public expense, under public supervision and direction, and without tuition charge, and which is provided as elementary or secondary school education in an applicable State. Free public education may, if in accordance with State law, include education below grade 1 meeting the above criteria.

(20 U.S.C. 244(4).)

"Indian" means any individual, living on or off a reservation, who: (a) Is a member of a tribe, band, or other organized group of Indians, including those tribes, bands, or groups terminated since 1940 and those recognized now or in the future by the State in which they reside, or who is a descendant, in the first or second degree, of any such member; or (b) is considered by the Secretary of the Interior to be an Indian for any purpose; or (c) is an Eskimo or Aleut or other Alaska Native. (20 U.S.C. 1221b.)

"Local educational agency" means a board of education or other legally constituted local school authority having administrative control and direction of free public education in a reservation, county, township, independent, or other school district located within a State. Such term includes any State agency which directly operates and maintains facilities for providing free public education.

(20 U.S.C. 241aa; 20 U.S.C. 244(6) (A), S. Rept. No. 92-384, 92d Cong., 1st Sess. 18 (1971).)

"Minor remodeling" means minor alterations, in a previously completed building, which are needed to make effective use of equipment or personnel in space used or to be used for programs or projects meeting the assessed needs of Indian children. The term may include the extension of utility lines, such as for water and electricity, for points beyond the confines of the space in which the