122.8

122.9

Applications.

Amendments to applications based on increase in number of refugee children receiving free public education.

122.10 Notification to applicants. 122.11 Use of payments to local educational agencies under this part; assurances by local educational agencies.

122.12 Assurances by local educational agencles as to submission of required reports.

Subpart D-Records and Reports Required by
the Commissioner

122.13 Records and reports required of local educational agencies.

122.14 Retention of records.
122.15 Annual report by local educational
agency.

Subpart E-Grants for Technical Assistance
and Leadership

122.16 Grants to State educational agencies for technical assistance and leadership.

AUTHORITY: Pub. L. 94-23, 89 Stat. 87; and Pub. L. 87-510, 76 Stat. 121 (22 U.S.C. 2601) et seq. as amended; unless otherwise noted. SOURCE: 40 FR 47768, Oct. 10, 1975, unless otherwise noted.

Subpart A-General

$122.1 Scope of part.

This part governs projects for which funds are provided under the Indochina Migration and Refugee Assistance Act of 1975 (Pub. L. 94-23) for Federal assistance to State or local public agencies for

educational services for Indochinese refugee children.

(Pub. L. 94-23, sections 2, 3; 22 U.S.C. 2601 (b)(4), 2602(a)(1))

§ 122.2 Applicability of Office of Education General Provisions Regulations. Assistance under this part is subject to the following provisions contained in Subchapter A of this chapter:

(a) Part 100, § 100.1 (except as provided in § 122.3);

(b) Part 100a, Subpart B, §§ 100a.15, 100a.17-100a.20, 100a.28;

(c) Part 100a, Subpart D, except §§ 100a.54 and 100a.55;

(d) Part 100a, Subpart E; (e) Part 100a, Subpart F;

(f) Part 100a, Subpart N, §§ 100.250, 100a.255, 100a.262, 100a.263, 100a.275; (g) Part 100a, Subpart P, §§ 100a.402, 100a.404, 100a.405;

(h) Part 100a, Subpart Q, §§ 1008.430-100a.431; 100a.436; and

(i) Part 100, Subpart R, §§ 100a.481100a.496.

(20 U.S.C. 1221c(a), 1232(c), 1232d, 1681, 31 U.S.C. 200; 42 U.S.C. 2000d; OMB Circular A-102, Attachments A, J, L, H, and I) § 122.3

Definitions.

As used in this part:

"Child" means any child who is within the age limits for which the applicable State is required or permitted to provide free public elementary and secondary school education in grades kindergarten through 12, except that "child" does not include a person enrolled only in adult education courses.

(Pub. L. 94-23, sections 2, 3; 20 U.S.C. 1221c (a); 22 U.S.C. 2601 (b) (4))

"Free public education" means education which is provided at public expense, under public supervision and direction, without tuition charge, and which is provided as elementary or secondary school education in grades kindergarten through 12 in the applicable State. (Pub. L. 94-24, sections 2, 3; 20 U.S.C. 1221c (a); 22 U.S.C. 2601 (b) (4))

"Indochinese refugee child" means a person who:

(a) Is a child as defined in this section;

(b) Is an alien who:

(1) Because of persecution or fear of persecution on account of race, religion,

or political opinion, fled from Cambodia or Vietnam;

(2) Cannot return thereto because of fear or persecution on account of race, religion, or political opinion.

(20 U.S.C. 1221c(a); 22 U.S.C. 2601(b) (3), (4); Pub. L. 94-23 sections 2, 3)

"Local educational agency" means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or such combination of school districts or counties as is recognized in a State as an administrative agency for its public elementary or secondary schools. It also includes any other public institution or agency having administrative control and direction of public elementary or secondary schools. (20 U.S.C. 1221c(a); 22 U.S.C. 2601(b) (8), (4); Pub. L. 94-23; sections 2, 3)

"Public educational services" means (a) free public education in the case of children enrolled in public elementary and secondary schools and (b) publicly supported instructional services as described in § 122.11(b) (2) in the case of children enrolled in private elementary and secondary schools.

"State educational agency" means the officer or agency primarily responsible for the State supervision of public elementary and secondary schools.

(20 U.S.C. 1221c(a))

"State" means, in addition to the several States in the Union, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.

(20 U.S.C. 12210(a))

Subpart B-Eligibility for and Amounts of Grants

§ 122.4 Eligibility of local educational agencies for grants.

A local educational agency (or combination of local educational agencies) in any State is eligible to apply for a grant under this part for a fiscal year if the Commissioner determines on the basis of satisfactory information submitted to him that:

(a) Each local educational agency is providing public educational services to

at least one Indochinese refugee child; and

(b) Each local educational agency is, subject to the provisions of § 122.6, providing public educational services to all Indochinese refugee children counted by the agency under § 122.5 for the purpose of computing its entitlement.

(Pub. L. 94-23, sections 2, 3; 22 U.S.C. 2601 (b) (4))

§ 122.5

Amounts to which local educational agencies are entitled.

For each Indochinese refugee child to whom it provides educational services, an eligible local educational agency is entitled to receive under this part the following:

(a) $300.00 for each child up to 100 of these children or a number of these children comprising one percent of all children receiving free public education in the elementary or secondary schools of the agency, whichever is less; and

(b) $600.00 for each child in excess of 100 or in excess of a number of these children comprising one percent of the total number of children receiving free public education in the elementary or secondary schools of the agency, whichever is less.

If an applicant is a combination of local school districts or an intermediate unit which does not have administrative control or direction of public elementary or secondary schools, then such agency's entitlement under this section shall be based on the aggregate of the separate entitlements (computed pursuant to the above formula) of the local school districts within the jurisdiction of the agency.

(Pub. L. 94-23, sections 2, 3; 22 U.S.C. 2601 (b) (4))

§ 122.6 Inclusion of private school chil

dren for the purposes of determining eligibility and amount of entitlement. Children counted by a local educational agency under § 122.4 for the purpose of determining eligibility and under § 122.5 for the purpose of determining amount of entitlement may include children enrolled in private schools, provided that these children are receiving public educational services from the local educational agency in accordance with § 122.11, or that the local educational agency assures that it will provide public educational services to these children under

necessary to enable them to achieve a satisfactory level of educational performance. The supplemental instruction required by the preceding sentence may include but is not limited to such services as bilingual instructional personnel, special inservice training for instructional personnel, special materials and supplies.

(1) For the purpose of this paragraph, public educational services for Indochinese refugee children enrolled only in the public elementary and secondary schools of the local educational agency shall be made available on a basis comparable to that which the agency provides other children enrolled only in the public elementary and secondary schools of the agency who reside in the attendance area or areas in which the Indochinese refugee children are being served. The requirement of the preceding sentence will be deemed to be satisfied only if the local educational agency assures that all of these Indochinese refugee children will have access to all publicly funded instructional services on the same basis as the local educational agency provides to other children residing in the area or areas where the Indochinese refugee children are being served.

(2) For the purpose of this paragraph, public educational services for Indochinese refugee children enrolled in private schools shall not include the basic level of instruction which is normally provided by the private school to its students, but must be limited to such supplementary English language and other instruction as is necessary to meet the special educational needs of Indochinese refugee children to enable them to achieve a satisfactory level of educational performance. The local educational agency must assure that it will maintain continuing administrative direction and control over publicly funded services which it provides to children enrolled in private schools under this paragraph; and that these services shall not include the payment of salaries for teachers or other employees of private schools except for services performed outside their regular hours of duty and under public supervision and control, nor shall they include the use of equipment other than mobile or portable equipment on private school premises or the construction of private school facilities. (Pub. L. 94-23, sections 2, 3; 22 U.S.C. 2601 (b) (4); Lemon v. Kurtzman, 403 U.S. 602 (1971))

§ 122.12 Assurance by local educational agencies as to submission of required reports.

Each application by a local educational agency under this part shall contain an assurance that the local educational agency will make such reports as the Commissioner may require from time to time in order to carry out his functions in administering the program, including the annual report required by § 122.15. (20 U.S.C. 1232c (b) (8) (C))

Subpart D-Records and Reports Required by the Commissioner

§ 122.13

Records and reports required of local educational agencies. Each local educational agency which received a grant under this part shall maintain adequate written records to substantiate that it has satisfied the eligibility and entitlement requirements contained in §§ 122.4 and 122.5 and the assurance contained in §§ 122.6 and 122.11. These records shall document:

(a) The total number of children being provided public educational services as of the date for which its entitlement under § 122.5 was computed;

(b) On an individual basis that each Indochinese refugee child counted by the recipient under §§ 122.4 and 122.5, including each child enrolled in a private school, has received public educational services under the conditions prescribed by §§ 122.4, 122.5, and 122.11. (20 U.S.C. 1232c(a))

§ 122.14

Retention of records.

Local educational agencies receiving grants under this part are required to keep all records supporting the application until the completion of the administrative reviews which are regularly conducted by Federal agencies, or for five years following the fiscal year to which the application relates, whichever is earlier. The records involved which have been questioned should be further maintained until necessary adjustments have been made and the adjustments have been reviewed and cleared by the Federal agencies making these reviews. (20 U.S.C. 1232c (a))

§ 122.15 Annual report by local educational agency.

Each local educational agency receiving financial assistance under this part shall make an annual report to the Commissioner within 90 days after the end

of the school year for which the grant is made, but in no event later than October 31 following the end of this school year. The annual report shall indicate:

(a) The number of Indochinese refugee children receiving public educational services at the beginning and at the end of the school year;

(b) A description of the services provided by the local educational agency to Indochinese refugee children through the use of funds received under this part; and

(c) Such other information as the Commissioner may require.

(20 U.S.C. 1232c(b) (3) (C))

Subpart E-Grants for Technical
Assistance and Leadership

§ 122.16 Grants to

State educational

agencies for technical assistance and leadership.

(a) Purpose of grant. The Commissioner may, pursuant to an approved application, make a grant to the State educational agency of any State to enable it to provide technical assistance and leadership to local educational agencies in its State which are eligible for grants under this part. Activities undertaken by State educational agencies pursuant to grants received under this section may include, but are not limited to, provision of inservice training for instructional staff providing services to Indochinese refugee children, curriculum identification and development, supervision of instructional personnel, and technical assistance to local educational agencies serving small numbers of Indochinese refugee children.

(b) Content of application. An application by the State educational agency to the Commissioner for a grant under this section shall state the total amount of funds being received in the fiscal year by all public agencies in that State under this part for the purpose of defraying the costs of educational services to Indochinese refugee children. The application shall also describe the activities proposed to be conducted by the applicant under the grant being applied for under this section.

90-004-7628

Eligibility for awards.