Sec. 116.44 116.45 116.46 116.47 Dissemination and utilization of results of educational research and demonstrations. Public information. Reports by applicant agencies. Individualized educational plans. 116.48 Operational responsibilities. AUTHORITY: Sec. 2, Pub. L. 89-10, 79 Stat. 27, as amended, (20 U.S.C. 241a-241m, 242, 244), unless otherwise noted. SOURCE: 41 FR 42903, Sept. 28, 1976, unless otherwise noted. EDITORIAL NOTE: Part 116 is effective November 12, 1976. For the convenience of the user the superseded text follows the new Part 116. (a) Other Title I regulations. The regulations in this part are applicable to all programs conducted under Title I of the Elementary and Secondary Education Act of 1965, for which regulations are contained in Parts 116a, 116b, 116c, and 116d of this chapter. (b) General provisions regulations for Office of Education programs. Assistance provided under this part is subject to applicable provisions contained in Parts 100, 100b, and 100c (and relevant appendices) of subchapter A of this chapter (relating to fiscal, administrative, property management, and other matters). (c) The text of the Title I statute is contained in full in the Appendix to this part. (20 U.S.C. 241a) § 116.2 Definitions. (a) As used in this part and in Parts 116a, 116b, 116c, and 116d (except as otherwise indicated in those parts) "Act" means the Elementary and Secondary Education Act of 1965 (Pub. L. 89-10) as amended. Title II of Pub. L. 874, 81st Congress, which was added by Title I of said Elementary and Secondary Education Act of 1965, is hereinafter in this part referred to as Title I. (20 U.S.C. 241a) "Applicant agency" means a local educational agency that applies for a grant under Part 116a, a State agency that applies for a grant under Part 116b, or Part 116c, and a State educational agency that applies for a grant under Part 116d. (20 U.S.C. 244(6) (B)) Federal property Local educational agency School facilities State educational agency (20 US.C. 241a, 244.) $116.3 Participation of States. (3) A statement describing the purposes for which Federal funds will be expended under Title I during the fiscal year for which the annual program plan is submitted; and (4) A certificate by the appropriate State legal officer to the effect that the agency submitting the plan has the authority under State law to perform the duties and functions of a State educational agency under Title I and the applicable regulations, including those arising from the assurances given. (b) Approval by the Commissioner(1) Determinations of the Commissioner. The Commissioner will approve each annual program plan to participate in the grant program under Title I, submitted by a State through its State educational agency, if the Commissioner determines that the plan meets the requirements of the applicable provisions of Title I and the regulations in this part and Parts 116a, 116b, 116c, and 116d. The Commissioner will not finally disapprove (in whole or in part) such State program plan with regard to Title I except after reasonable notice and opportunity for a hearing. (a) Required submissions. Any State desiring to participate under Title I shall submit through its State educational agency to the Commissioner a general application and an annual program plan as set forth in section 434(b) (1) (A) and 434(b) (1) (B) of the General Education Provisions Act and the regulations in Part 100b of this chapter. However, with respect to the program described in Part 116d relating to migratory children of migratory agricultural workers or fishermen, subparagraph (1) does not apply. The annual program plan shall include: (1) The assurances required by Section 142(a) (1) and (3) of Title I; (2) An assurance that the State educational agency will comply with Title I and the regulations in this part and the applicable provisions of Parts 116a, 116b, 116c, and 116d of this chapter; (20 U.S.C. 241f (b), 1232c.) § 116.4 State administration and technical assistance. (a) General. The State educational agency for a State for which the Commissioner has approved a plan, as specified in § 116.3(b), shall be responsible for the proper and efficient performance of the duties of such agency under Title I including compliance with its assurances to the Commissioner and the provision of technical assistance to local and State agencies with respect to the measurements and evaluations such agencies are required to submit pursuant to such Title. (b) Amount available for administration. Each State educational agency is entitled to receive for each fiscal year an amount equal to the amount expended by it for performance of its duties under this section but not to exceed the amounts set forth in section 143 (b) of Title I. (20 U.S.C. 241g, 1232c) § 116.5 Approval by State educational agency of applications from appli cant agencies. (a) Review by State educational agency. The State educational agency shall review all applications by applicant agencies except for an applicant agency under Part 116d. The State educational agency shall not approve an application (1) for an amount which together with amounts of other approved applications by that agency, exceeds the amount available for grants to that agency determined in accordance with Title I or (2) unless it has determined that the application meets all of the applicable requirements of Title I and the regulations. (b) Effective date of approved application. Projects approved pursuant to paragraph (a) of this section shall be considered to be in effect as of the date on which the application was submitted in substantially approvable form. In no event shall such date be earlier than the first day on which the funds being applied for become available for obligation, or the effective date of the State educational agency's annual program plan. (c) Notice and opportunity for hearing. The State educational agency shall not finally disapprove any application in whole or in part without first affording the applicant agency reasonable notice and opportunity for a hearing with respect to such action in accordance with the requirements of section 425 of the General Education Provisions Act. Such notice shall include the reasons for the proposed disapproval. A hearing shall be held by the State agency 30 days after it receives a request from the applicant agency. If the State educational agency decides not to rescind its final action, it shall give notice of the decision to the applicant agency in writing, stating its reasons and indicating the right to appeal to the Commissioner within twenty days of the receipt of the notice. (d) Appeal. An applicant agency aggrieved by the final action of a State educational agency shall be given the opportunity for an appeal to the Commissioner as set forth in section 425 of the General Education Provisions Act. (e) Availability to the public. Each application of a local educational agency or a State agency for a grant under Title I; the related documents referred to in Parts 116a, 116b, 116c, and 116d; and the evaluation and other reports referred to in such parts, shall be made available to the public by the State educational agency in the manner prescribed by § 116.35. (20 U.S.C. 241e(c), 241f, 1231b-2, 1231d) § 116.6 Review and complaint pro cedures. The State educational agency shall establish procedures for investigating complaints alleging violations of Title I or the regulations for that Title including: (a) Procedures to carry out section 425 (a) and (c) of the General Education Provisions Act and § 116.5(c); and (b) Procedures for resolving the complaints of parents and other individuals and organizations, including: (1) Specific time limits for investigation and resolution of complaints, not normally to exceed 60 days; (2) An opportunity for the complainant to present evidence to the State educational agency; and (3) Dissemination of information concerning procedures under this paragraph to interested parties, including parent advisory councils. (20 U.S.C. 241f(a) (3), 1231b-2, 1231d) (a) Annual evaluation reports. Following the close of each fiscal year and no later than November 15 of the next fiscal year, the State educational agency shall submit to the Commissioner reports evaluating the effectiveness of programs and projects under Title I in meeting the special educational needs of participating children during the preceding school year and the following summer period. In addition to the State annual evaluation reports required by this paragraph, each State educational agency shall submit evaluation reports for two applicant agencies applying under Part 116a. including one for such an agency whose allocation for funds under Title I of the Act for the current fiscal year is among the five highest in the State. (b) Reports concerning complaints. The State educational agency shall report to the Commission on the disposition of all complaints filed and reviewed pursuant to the procedures developed under § 116.6. Reports shall be made as follows: (1) Interim reports. In any case, where the complaint has not been fully investigated and resolved by the expiration of a 60-day period, the State educational agency shall report at that time, the substance of the complaint to the Commissioner along with an explanation of its status; (2) Final reports. In the case of a complaint which has been fully investigated, the State educational agency shall submit a report to the Commissioner which includes at least: (i) The substance of any allegation and the name of the individual citizen, private organization or local educational agency making the allegation; (ii) A summary of the results of the investigation and any hearings held concerning the allegation; and (iii) A statement of the disposition of the complaint by the State educational agency, giving the reasons for such disposition. (3) Copies to be sent. The State educational agency, upon sending its report to the Commissioner, shall send copies thereof to the appropriate applicant agency and the complainant. (20 U.S.C. 2411(a) (3) (B), 1231(a), 1232c) Subpart C-Payments § 116.17 Payment procedures. The Commissioner will make all payments of Title I funds in accordance with the requirements of Title I, the regulations of this part and applicable provisions of Parts 116a, 116b, 116c, and 116d, the requirements of Section 435 of the General Education Provisions Act and the provisions set out in Subpart E of Part 100b of this chapter. (20 U.S.C. 1232d) § 116.18 Title I funds not to be considered in determining State aid. No payments by the Commissioner under Title I will be made to a State for any fiscal year in which the State has taken such payments into consideration in determining the eligibility of an applicant agency for State aid, or in determining the amount of that aid for the free public education of children in such a way as to penalize the applicant agency with respect to the availability of State funds. (20 US.C. 241g (c) (1)) the provision of free public education by that applicant agency for the preceding fiscal year was not less than such combined fiscal effort for that purpose for the second preceding fiscal year. (b) Measurement of combined fiscal effort. For purposes of this section, combined fiscal effort by an applicant agency shall be measured by the amount of the current expenditures per pupil by the applicant agency other than expenditures from funds derived from Federal sources for which the applicant agency is required to account to the Federal Government directly or through the State educational agency; such as funds under Titles I, II, III and IV of the Act, Titles III and V of the National Defense Education Act of 1958, the JohnsonO'Malley Act, and the Economic Opportunity Act of 1964. A combined fiscal effort in the preceding fiscal year shall not be deemed to be a reduction from that in the second preceding fiscal year unless the per pupil expenditure in the preceding fiscal year is less than that in the second preceding fiscal year by more than 5 percent. Any such reduction in the combined fiscal effort by an applicant agency for any fiscal year by more than 5 percent will disqualify the applicant agency unless the agency is able to demonstrate to the satisfaction of the State educational agency that such a reduction was occasioned by an unusual event, such as the removal of a large segment of property from the tax rolls, that could not have been fully anticipated or reasonably compensated for by the applicant agency and a diminished fiscal effort on the part of that agency is not otherwise indicated. (e) An applicant agency which receives substantial Federal funds. An applicant agency receiving at least 95 percent of its funds for education from Federal sources will not be required to meet the provisions of this section. (a) General requirement. No payments under Title I for any fiscal year may be made by the State educational agency to an applicant agency unless the State educational agency finds that the combined fiscal effort of that applicant agency and the State with respect to ments will not be made to the State under Title I of the Act (or, in his discretion, that the State educational agency will not make further payments under Title I of the Act to specified applicant agencies affected by the failure) until he is satisfied that there is no longer any such failure to comply. Until the Commissioner is so satisfied, further payments under Title I of the Act will not be made to that State or payments by the State educational agency will be limited to payments to applicant agencies not affected by the failure, as the case may be. (b) Suspension. The remedy of suspension pending termination as provided in section 434 (c) of the General Education Provisions Act may be invoked in connection with a termination under this section. (c) Attempts to resolve differences. Prior to initiating a hearing under this section, the Commissioner will attempt to resolve promptly any apparent differences with the State educational agency regarding the interpretation or application of the provisions of Title I of the Act and the pertinent regulations. (20 U.S.C. 241(j), 1232c (c), (d)) § 116.30 Planning grants. An applicant agency may apply for a grant in an amount not exceeding one percent of the maximum grant it is eligible to receive or $2,000, whichever is greater, for planning during the current fiscal year, provided that (a) such planning was, or will be, directly related to programs or projects to be carried out under Title I of the Act and has resulted, or is reasonably likely to result, in a program which will be carried out under that Title, and (b) such planning funds are necessary for that purpose because of the innovative nature of the program or project or because the local educational agency lacks the resources necessary for adequate planning for programs or projects to be carried out under Title I. (20 U.S.C. 241 (e) (a) (1) and (5).) § 116.31 Cooperative projects. Two or more applicant agencies eligible for grants under Title I of the Act may apply for a grant for a single project (including a planning project) to be carried out jointly in accordance with arrangements between or among such educational agencies. (20 U.S.C. 241e(a) (1)) § 116.32 Construction and equipment. (a) General. An application for a project grant under Title I may include the acquisition of equipment or the construction or remodeling of school facilities only if it is demonstrated as being essential to the success of a program or project under Title I. Each application shall describe the need for such equipment or construction, in addition to other equipment or facilities previously acquired or constructed by the applicant with funds under Title I and for which the applicant is accountable, in connection with the proposed project. The applicant shall further describe how all such equipment or facilities will be used. If the construction of school facilities is so demonstrated as being essential for a program or project, the application must nevertheless comply with other requirements of Title I and the regulations in this chapter, such as the requirements in Subpart K, Part 100b of this chapter in regard to labor standards and overall State construction planning and, in relation to the overall program, the limitations in § 116a.23 (f) in regard to participation by children enrolled in private schools. (b) Prohibition against maintaining isolation. The State educational agency shall not approve a project involving construction of school facilities if it finds that such construction would tend to maintain the racial, cultural, or linguistic isolation of children. (20 U.S.C. 241e (a) (1) and (4), 1232b) Members of parent councils and volunteers not receiving regular compensation under Title I may be reimbursed from Title I funds for personal expenses directly attributable to the performance of their duties and functions as set forth in approved applications. (20 U.S.C. 241e (a) (14), 1231d) Education aides. An application for a project which involves the use of education aides shall |