may expect to acquire, including the ability to prepare teachers to:

(1) Teach various subjects or courses of study in elementary or secondary schools using English and a language other than English as the media of instruction;

(ii) Provide instruction in elementary or secondary schools in the history and culture of the United States and geographical areas associated with a language other than English;

(iii) Select and use appropriate instruments for measuring the educational performance of children of limited English-speaking ability; and

(iv) Involve parents and community organizations in programs of bilingual education, and incorporate into such programs the use of available cultural and educational resources, as described in § 123.14(b) (6);

(5) A statement of the costs to the recipient of the fellowship of enrollment in the program of study, including tuition, books and fees, and other costs required by the institution of higher education (but not including any indirect or operational costs of such institution);

(6) The name, position, address and professional qualifications of the individual who will have primary responsibility for administering the program of study for recipients of fellowships under this subpart;

(7) An estimate of the number of recipients of fellowships to be enrolled in the program of study; and

(8) A description of the criteria to be used in selecting nominees and alternates for fellowships under this subpart, including a discussion of how such criteria relate to the likelihood that such nominees and alternates will satisfactorily complete the program.

(b) In evaluating requests for participation by institutions of higher education, the Commissioner will consider the quality of the program of study described by the institution pursuant to paragraph (a) of this section, with particular reference to the following factors:

(1) The extent to which the program includes effective means of providing field-based experience;

(2) The extent to which the program has been adopted as a permanent part of the graduate programs of study offered by the institution;

(3) The qualifications of faculty members for the program, especially with regard to their bilingual competency;

(4) The extent to which the program affords promise of imparting each of the competencies described in paragraph (a) (4) of this section; and

(5) The extent to which the criteria for selection of nominees and alternates described in paragraph (a) (8) of this section give priority to bilingual persons and to persons who have demonstrated a high degree of interest in vocation in the field of bilingual education.

(20 U.S.C. 880b-9 (a) (2))

§ 123.43 Awards of fellowships to individuals.

(a) An individual is eligible to receive a fellowship under this subpart where such individual:

(1) Is a citizen of the United States, is in the United States for other than a temporary purpose and intends to become a permanent resident thereof, or is a permanent resident of the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, or the Trust Territory of the Pacific Islands; and

(2) Has been accepted for enrollment in a full-time program of study offered by an institution of higher education approved for participation under this subpart.

an

(b) An individual desiring to receive a fellowship under this subpart may apply for such fellowship by submitting application therefor through a participating institution of higher education. A list of such institutions may be obtained from the Commissioner upon request.

(c) In awarding fellowships under this subpart the Commissioner will be guided by the relative need of various language groups of limited Englishspeaking ability, and of various geographical areas, for teachers for program of bilingual education.

(d) A recipient of a fellowship under this subpart may continue to receive a stipend only for such period as he or she maintains satisfactory progress in the program of study described in § 123.42(a).

(20 U.S.C. 880b-7(c), 880b-9(a)(2), (3); Sen. Rep. No. 93-1026, at 151-52 (1974)) §§ 123.44-123.50

[Reserved]

Subpart F-Coordination of Technical Assistance by State Educational Agencies § 123.51 Eligibility for awards.

A State educational agency in a State where programs of bilingual education assisted under this Part were operated during the fiscal year preceding the fiscal year for which assistance is sought may submit an application for a contract for the purpose of coordination by such agency of technical assistance to programs of bilingual education.

(20 U.S.C. 880b-7(b) (3) (A))

§ 123.52 Authorized activities.

(a) Funds made available under this subpart shall be used for the coordination of technical assistance to programs of bilingual education assisted under this Part and operated by local educational agencies in the State of the applicant.

(b) The amount paid to any State educational agency under this subpart shall not exceed 5 per cent of the aggregate of the amounts paid under this Part to local educational agencies in the State of such agency in the fiscal year preceding the fiscal year for which assistance under this subpart is sought. (20 U.S.C. 880b-7(b) (3) (A), (B); Sen. Rep. No. 93-1026, at 150-51 (1974))

§ 123.53 Program applications.

(a) A State educational agency desiring to enter into a contract pursuant to this subpart for any fiscal year shall submit to the Commissioner a program application for that fiscal year. Such application shall include the following information:

(1) A description of the programs of bilingual education assisted under this Part within the State during the fiscal year preceding the fiscal year for which assistance is sought, a description of the activities of the State educational agency in coordinating and providing technical assistance to such programs during such preceding fiscal year, a description of the organization of the State educational agency, and the names and professional qualifications of the principal staff members of such agency who have provided services to programs of bilingual education;

(2) A description of the need for coordination of technical assistance to programs of bilingual education assisted un

der this Part in the State during the fiscal year for which assistance is sought, in terms of factors indentified by the applicant;

(3) A description of the activities which the applicant desires to carry out to meet the needs which it has identified, including:

(i) A description of a plan for monitoring programs of bilingual education assisted under this Part within the State;

(ii) A description of a plan for evaluating the impact of such programs; and

(iii) A description of a plan for facilitating the exchange of information among such programs;

(4) A budget detailing the costs of activities for which assistance is sought; and

(5) Provisions for making available, at a cost not exceeding the actual cost of reproduction, sample copies of any materials resulting from the applicant's activities under this subpart to any local educational agency within the State which requests copies of such materials. (b) The applicant shall also provide the following assurances:

(1) An assurance that funds made available under this subpart for any fiscal year will be so used as to supplement and to the extent practical increase the level of funds that would, in the absence of such funds, be made available by the State for the activities described in § 123.52 (a) and in no case to supplant such funds.

(2) An assurance that the applicant will:

(i) Cooperate with the Commissioner (or a public or private agency designated by the Commissioner) in the evaluation of the extent to which funds made available under this subpart have been effective in improving programs of bilingual education funded under this Part; and

(ii) Submit to the Commissioner such reports, in such form and containing such information, as the Commissioner may reasonably require to carry out the functions under this Part (including reports of evaluations of any approved program, to be submitted at least twice annually) and will keep such records and afford such access thereto as the Commissioner may find necessary to verify such reports.

(20 U.S.C. 880b–7(b) (3) (A); 1232c(a) (1), (2))

§ 123.54

Criteria for assistance.

In evaluating applications for assistance under this subpart, the Commissioner will consider the following factors:

(a) The extent to which the applicant coordinated and provided technical assistance to programs of bilingual education assisted under this Part within the State during the fiscal year preceding the fiscal year for which assistance is sought;

(b) The extent to which the services described in paragraph (a) of this section were effective in improving the quality of such programs of bilingual education;

(c) The extent to which the application includes an adequate staffing plan and provides for employing the services of persons qualified to coordinate the provision of technical assistance to programs of bilingual education assisted under this Part within the State;

(d) The extent of the need for assistance under this subpart as indicated by the number of programs of bilingual education assisted under this Part within the State during the fiscal year preceding the fiscal year for which assistance under this subpart is sought, and factors identified by the applicant;

(e) The extent to which the proposed activities afford promise of improving programs of bilingual education assisted under this Part within the State; and (f) The extent to which the applicant sets forth:

(1) Effective methods of administration;

(2) Effective financial management procedures;

(3) Provisions for coordinating its activities with related activities supported by Federal and non-Federal funds; and (4) Reasonable costs.

(20 U.S.C. 880b-7(b) (3))

§§ 123.55-123.60 [Reserved]

Subpart G-Research and Demonstration Projects

§ 123.61 Authorized activities.

The following activities are authorized to be carried out with funds made available under this subpart:

(a) Research in the field of bilingual education in order to enhance the effectiveness of:

(1) Programs assisted under this Part; (2) The program authorized by section 708 (c) of the Emergency School Aid Act (20 U.S.C. 1607(c));

(3) The programs carried out in coordination with the provisions of the Bilingual Education Act (20 U.S.C. 880bb-13) pursuant to:

(i) Section 122(a) (4) (C) and part J of the Vocational Education Act of 1963 (20 U.S.C. 1262(a) (4) (C) and 20 U.S.C. 1393 et seq.); and

(ii) Section 306(a) (11) of the Adult Education Act (20 U.S.C. 1205(a) (11)); and

(4) Programs and projects serving areas with high concentrations of persons of limited English-speaking ability pursuant to section 6(b) (4) of the Library Services and Construction Act (20 U.S.C. 351d(b) (4));

(b) Testing the effectiveness of research findings by the National Institute of Education in the field of bilingual education;

(c) Demonstrating new or innovative practices, techniques, and methods for use in prgrams assisted under this Part;

(d) Undertaking studies to determine the basic educational needs and language acquisition characteristics of, and the most effective conditions for educating, children of limited English-speaking ability;

(e) Developing and disseminating instructional materials and equipment suitable for use in bilingual education programs; and

(f) Establishing and operating a national clearinghouse of information for bilingual education, which shall collect, analyze, and disseminate information about bilingual education and programs related thereto.

(20 U.S.C. 880b-1(a) (8); 880b-13 (a), (b), (c); Sen. Rep. No. 93-1026, at 153-54 (1974)) § 123.62 Administration; award proce dures.

(a) Awards for the research activities described in § 123.61(a) shall be made by the National Institute of Education in accordance with the provisions of 20 U.S.C. 1221e.

(b) Awards for the activities described in § 123.61 (b)-(f) shall be made by the Director of the National Institute of Education or by the Commissioner of Education, or jointly by the Director and

the Commissioner, to one or more public or private educational agencies, institutions, or organizations. The awards described in this paragraph (b) shall be in the form of competitive contracts, and shall be governed by the provisions of the Federal Procurement Regulations (41 Code of Federal Regulations, Chapters 1 and 3).

(20 U.S.C. 880b-13 (a), (b), (c)) § 123.63 Consultation.

In carrying out their responsibilities under this subpart, the Commissioner of Education and the Director of the National Institute of Education will periodically consult with representatives of State and local educational agencies and appropriate groups and organizations involved in bilingual education.

(20 U.S.C. 880b-13(d))

(b) Assistance provided under this part is subject to applicable provisions contained in Subchapter A of this chapter (relating to fiscal, administrative, property management, and other matters).

(a) Financial assistance may be provided under section 807 of the Act for the carrying out of promising demonstration projects involving the use of innovative methods, systems, materials, or programs, designed to reduce the number of children who do not complete their education in elementary and secondary schools.

(20 U.S.C. 887(a))

(20 U.S.C. 887)

§ 124.2 Definitions.

As used in this part:

"Act" means the Elementary and Secondary Education Act of 1965, Pub. L. 89-10. as amended.

"Dropout" means a pupil who leaves elementary or secondary school, for any reason, before he graduates. The term designates those elementary and secondary school pupils who have been in membership during the regular school term and who withdraw from membership before graduating from secondary school (as defined in § 100.1 of this chapter) or before completing equivalent programs of studies. Such an individual is considered a dropout whether he leaves school during or between regular school terms, whether he leaves school before or after he has passed the compulsory school attendance age, and, where applicable, whether or not he has completed a minimum required amount of school work.

(20 U.S.C. 887)

"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. Such term also includes any other public institution or agency having administrative control and direction of a public elementary or secondary school.

(20 U.S.C. 881(f))

"Low income factor" (as defined in section 103 (c) of the Elementary and Secondary Education Act of 1965, as amended) means an annual family income of $4,000.

(20 U.S.C. 887(a) (2); 241(c))