Act of 1965, as amended, and bilingual vocational education programs under the Vocational Education Act of 1963, as amended; (d) Will meet the need for adult secondary programs in the State to the fullest extent possible with funds provided by the Act and set forth in § 166.12 (c); (e) Has been planned and will be conducted in cooperation with Community Action programs, Work Experience programs, VISTA, Work-Study programs, programs designed to provide reading instruction for adults, and other programs relating to the antipoverty effort; (f) Has been planned and will be conducted in cooperation with manpower development and training programs, including programs under the Comprehensive Employment and Training Act (CETA), and occupational education programs; (g) Has been planned and will be conducted in cooperation with other State and local community school programs, consumer education programs, career education programs, metrication education programs for adults, equal education programs for women, bilingual instructional programs for persons with limited English-speaking ability, and with agencies responsible for institutionalized persons; (h) Will provide health information and services, to the extent available, through cooperative arrangements with State health authorities and will further the cooperative arrangements between the State educational agency and the State health authority for the use of such information and services; (i) Incorporates the results of research or techniques which have proven to be effective; (j) Incorporates innovative or imaginative instructional methods; and (k) Is desirable in light of the findings and recommendations of recent independent evaluation reports available to or sponsored by the State agency. (20 U.S.C. 1205(a); 20 U.S.C. 880b-1) § 166.14 Certification of annual program plan. (a) Certification by State educational agency. The annual program plan and any amendments thereto, as required by §§ 166.12 and 166.15, shall include an attachment, executed by the authorized official of the State educational agency to submit the annual program plan, which certifies to the effect that: (1) The plan or amendment has been adopted by the State educational agency, and (2) the plan, or plan as amended, will constitute the basis for operation and administration of the adult education program in which Federal financial participation will be made. (20 U.S.C. 1205(a)) (b) The State educational agency shall provide for a review of the annual program plan by the State advisory council, if such council exists. The State agency is also encouraged to provide for at least one scheduled public meeting for review of the annual program plan. (20 U.S.C. 1208b) (c) Certification by the State's Attorney General. The State plan and all amendments thereto shall include a certification by the State's Attorney General, or other official designated in accordance with State law to advise the State agency on legal matters, that all plan provisions and amendments thereto are consistent with State law. The Attorney General must further certify (a) the official title of the officers authorized to submit the annual program plan; (b) that the State agency named in the plan has authority under State law to submit the annual program plan; and (c) that the State Treasurer (or, if there should be no State Treasurer, the officer identified by title exercising similar functions for the State) has authority under State law to receive, hold, and disburse Federal funds under the annual program plan. (20 U.S.C. 1205(a)) § 166.15 [Reserved] § 166.16 Approval of annual program plan. (a) Governor's comments. The State educational agency must afford the Governor of such State an opportunity to comment upon the annual program plan or any amendment thereto in accordance with GEPR § 100b.15 and assurance (13) of the State-Federal agreement contained in Appendix A to the regulations in this part. (20 U.S.C. 1205(a)) (b) Approval by the Commissioner. The Commissioner will not approve an annual program plan or amendment thereto unless he determines that the plan or amendment complies with all applicable requirements. The Commissioner will not finally disapprove an annual program plan or any modification thereof without first affording the State reasonable notice and opportunity for a hearing. (20 U.S.C. 1205(a) and (b)) Subpart D-Special Experimental Demonstration Projects and Teacher Training § 166.21 Applicability. (a) The regulations in this subpart apply to Federal assistance provided by the State educational agency for special projects in adult education under subsection (1) and adult education personnel training under subsection (2) of section 309 of the Act. (b) Assistance provided under this subpart is subject to applicable provisions contained in the Act, the regulations in this part, and the GEPR. (20 U.S.C. 1208) § 166.22 Eligible projects. The State educational agency shall establish and set forth in its annual program plan the policies and procedures under which it will use not less than 15 percent of the funds allotted to it for any given fiscal year under section 305 of the Act for special projects and teacher training, as prescribed by section 309 of the Act. The State educational agency shall use not less than 15 percent of each annual Federal allotment which is reserved for the purposes of section 309 of the Act to provide support for both special projects and teacher training programs. The distribution of such funds among special projects and teacher training shall be determined by the State educational agency in light of the overall objectives of its annual program plan. (a) Special projects. From each annual Federal allotment to the State educational agency for the purposes of the Act, funds will be available under section 309 (1) for special projects which: (1) Involve the use of innovative methods, including methods of educating persons of limited english-speaking ability, systems, materials, or programs which: (i) may have national significance, or (ii) may be of special value in promoting effective programs under the Act; or (2) Involve programs of adult education including methods of educating persons of limited english-speaking ability, which are part of a school program, carried out in cooperacommunity 90-004-76-50 775 tion with other Federal, or federally assisted State or local programs which have unusual promise in promoting a comprehensive or coordinated approach to the problems of persons with educational deficiencies. (b) Teacher training. From each annual Federal allotment to the State educational agency, funds will be available under section 309 (2) of the Act to train persons engaged, or preparing to engage, as personnel in programs designed to carry out the purposes of this Act. (20 U.S.C. 1208) [40 FR 17957, Apr. 23, 1975 as amended at 40 FR 34115, Aug. 14, 1975] § 166.23 Eligible applicants. (a) Special projects and teacher training. Federal funds authorized for the purposes of section 309 of the Act may be used for grants, contracts, or other arrangements, if appropriate under applicable State laws, to provide support for special projects and teacher training. Eligible recipients include the following: (1) State educational agencies; (2) Local educational agencies; (3) Public and private agencies, institutions, and organizations; and (4) Individuals (unless precluded by State law). (20 U.S.C. 1208) (b) Ineligible applicants. No funds may be used from the State's allotment under this part for programs conducted by any school or department of divinity, as defined in section 312 of the Act. (20 U.S.C. 1210) § 166.24 Project applications. (a) Funds to support special projects and teacher training under section 309 of the Act will be available from the appropriate State educational agency. Information on policies and procedures for applying for such support may be obtained from the State educational agency. (b) In its use of section 309 funds, the State educational agency may not assign any part of its responsibility to another agency. This does not, however, prevent a State agency from exercising its authority under the Act to coordinate activities with other Federal, or federally assisted, State and local programs, nor prevent two or more applicants in one or more States from conducting a joint program or project (including a planning project). (c) A State eaucational agency may award funds under section 309 of the Act to eligible applicants outside the boundaries of the State if such an award is deemed to be in the best interest of the State in meeting the purposes of the Act. (20 U.S.C. 1208) § 166.25 Establishment of national priorities in adult education. Based on the findings of surveys and studies conducted by the U.S. Office of Education and other related agencies of DHEW, recommendations of the National Advisory Council on Adult Education, and on evaluations by State educational agencies, and State advisory councils, if such councils exist, the U.S. Office of Education will review and identify, for the guidance of the State educational agencies and findings from other research communities, national priorities annually in the field of adult education and, as necessary, will publish current priorities in the FEDERAL REGISTER. The State educational agency may take these priorities into consideration for its guidance in the development of its annual program of priorities and objectives under the annual program plan. Each State is requested in its annual program plan to indicate how the priorities established by the State agency related to the published national priorities. Such national priorities are contained in these regulations as Appendix B. (20 U.S.C. 1231(a)(1); 20 U.S.CC. 1231a (3) (3)) § 166.26 Allowable costs. (a) Allowable costs of programs and projects funded under the Act shall be in accordance with § 100b, Subpart G, and Appendix B, C, or D (as appropriate) of GEPR. (b) Participants in teacher training programs funded under the Act and these regulations may receive support and travel allowances. Such support and travel allowances, if paid, shall be in accordance with State law, policies and procedures. (c) With respect to teacher training programs under section 309(2) of the Act, only those allowances which are provided for in applicable State law, policies and procedures, and under the provisions of Subpart G and Appendix B, C, or D (as appropriate) of GEPR may be included as direct costs of the project. (20 U.S.C. 1208; 45 CFR 100b) § 166.27 Reporting requirements for special projects and teacher training. In order for the State educational agency to comply with Federal reporting requirements, as set forth in § 166.52 of these regulations, and Subparts P and Q of 45 CFR 100b, recipients of funds administered under section 309 of the Act shall submit, as a condition of funding, such reports as the State educational agency deems necessary. (20 U.S.C. 1205(a) (8)) § 166.28 Dissemination of results of projects. (a) The State educational agency shall develop and set forth in its annual program plan procedures for providing a copy of final reports and evaluation reports of special projects and teacher training programs supported under section 309 of the Act to: (1) The U.S. Commissioner of Education; (2) The Clearinghouse on Adult Education; and (3) The Assistant Regional Commissioner, Occupational and Adult Education Programs, in the appropriate DHEW Regional Office. (b) Except for the requirements contained in paragraphs (a) (1), (2) and (3) of this section, it shall be the responsibility of the State educational agency to distribute (as the State agency deems appropriate) the results of projects supported under section 309 of the Act. (20 U.S.C. 1208-1) Subpart E-Federal Financial Participation § 166.41 Use of Federal funds. All Federal funds (and State or local funds necessary to earn such Federal funds) must be expended in accordance with applicable requirements and only for programs, services, and activities related to the provisions of this Act. The annual program plan shall set forth a program for the use of grant funds which affords assurance that in all areas of the State, special emphasis will be given to adult basic education needs in accordance with the policies, procedures, criteria and considerations established in accordance with §§ 166.12(b) and 166.13. (20 U.S.C. 1205(a)) § 166.42 Limitation on administrative the amounts so appropriated for this purpose or, in the absence of such appropriation, in amounts based upon the funds appropriated pursuant to section 313(a) and the limitation prescribed in section 313(b) of the Act) the maximum allowable amount awarded pursuant to section 313(b) of the Act. The nonFederal share of funds available under the State plan may also be utilized to pay such administrative costs. (20 U.S.C. 1211) $166.43 Federal and non-Federal share of expenditures. (a) Federal share. The Federal share of expenditures incurred under the State plan and payable to a State from its allotment shall not exceed 90 per centum, except that with respect to the Trust Territory of the Pacific Islands such Federal share shall be 100 per centum. (20 U.S.C. 1206(a)) (b) Non-Federal share. The non-Federal share of expenditures under the State plan shall be the difference between the Federal share meeting the requirements of paragraph (a) of this section and the total expenditures for the purposes for which the Federal share is paid. The non-Federal share of expenditures under the State plan may be computed on a statewide basis and may come from any source other than Federal assistance for a specific purpose so long as such expenditures are made in furtherance of the purposes of the State plan approved under this part and do not inure to the personal benefit of any donor. The criteria and procedures for determining the allowability and valuation of inkind contributions applicable to State agencies for the purpose of meeting the non-Federal share are included in Subpart H of Part 100b of the GEPR. (20 U.S.C. 1206(a)) § 166.44 Use of funds for sectarian or religious purposes. No payment may be made from a State's allotment under the Act for any program, service, or activity related to sectarian instruction or religious worship, or provided by a school or department of divinity, as defined in section 312 of the Act. An institution which has a school, branch, department, or other administrative unit within the definition of "school or department of divinity" is not precluded for that reason from partici pating in programs, services, or activities under this part if the program is not offered by that school, branch, department, or administrative unit and, as in all other cases, the program, service, or activity is not related to sectarian instruction or religious workship. (20 U.S.C. 1212) § 166.45 Tuition and fees. Adults enrolled in adult basic education programs may not be charged tuftion, fees, or any other charges, or be required to purchase any books or any other materials that are needed for participation in the program. (20 U.S.C. 1203(b), 1205 (a) (1); 45 CFR 100b, Subpart G) Subpart F-Payments and Reports § 166.51 Conditions for payments to States. (a) Approved State plan. Payments to States under the Act will be made only after the Commissioner has approved the State plan submitted in accordance with the requirements of the Act, these regulations, and GEPR. (b) Maintenance of effort. The State shall certify to the Commissioner that there will be available for expenditure by the State, including its political subdivisions, for adult education from nonFederal sources during the fiscal year for which the allotment is made an amount equal to not less than the total amount expended for such purposes from such sources during the preceding fiscal year. No State will be required to use its funds to supplant any portion of the Federal share. (20 U.S.C. 1206) § 166.52 Reports. State (a) Financial reports. The agency shall submit financial reports annually, 90 days after the end of the grant year, in accordance with Subpart P of Part 100b of the GEPR. (b) Performance reports. The State agency shall submit performance reports annually, 90 days after the end of the fiscal year, in accordance with Subpart Q of Part 100b of the GEPR. (c) Independent evaluations. The State shall forward to the Commissioner a copy of any independent evaluations of projects and programs (including projects under section 309 and programs of instruction under section 306 of the Act). (d) Other records. (1) Within 15 days after the approval of a project under section 306(a) (4) or section 309 of the Act, the State agency is requested to provide the Commissioner with an informational copy of each proposal approved for funding. The State agency shall submit to the Commissioner, within 120 days after completion of the project, copies of final reports of programs or projects conducted by awardees under section 306 (a) (4) and section 309 of the Act; (2) The State educational agency shall submit, within 60 days after the end of any fiscal year, a report on the use of Federal funds as required by section 437 (a) of the General Education Provisions Act; (3) The State educational agency shall provide, in accordance with section 424 of the General Education Provisions Act, a compilation of all projects for each fiscal year in which funds under sections 306(a) (4) and 309 of the Act are used to carry out such programs. Such compilation shall be indexed according to subject, descriptive terms, and location. Such indexing shall be in accordance with guidelines to be provided by the U.S. Office of Education, Clearinghouse on Adult Education; and (4) The State educational agency shall submit along with its annual program plan a copy of any adult education legislation enacted by the State and a summary of the approved level of funding for each by fiscal year. (20 U.S.C. 1201-1211a; 45 CFR Part 100b. Subparts P and Q; 20 U.S.C. 1231a, 1231(b), 1232c, 1232f) [40 FR 17958, Apr. 23, 1975 as amended at 40 FR 34115, Aug. 14, 1975] Subpart G-Adult Indochinese Refugee Education Program AUTHORITY: Pub. L. 94-23, 22 U.S.C. 2601; 20 U.S.C. 1201 et seq., unless otherwise noted. SOURCE: 40 FR 49532, Oct. 22, 1975, unless otherwise noted. The regulations in this subpart govern the Adult Indochinese Refugee Education Program for which Federal funds are provided under the Indochina Migration and Refugee Assistance Act of 1975 (Pub. L. 94-23). The purpose of this program is to provide financial assistance to the States for adult education services to promote the integration of Indochinese refugees into American society. These adult education programs and services are to be provided in accordance with the provisions of the Adult Education Act, as amended (20 U.S.C. 1201), the regulations in this sub part, and applicable regulations governing State Adult Education Programs (45 CFR 166.1 thru 166.52). (22 U.S.C. 2601; 20 U.S.C. 1201 et seq., H.R. No. 94-204, p. 3, (1975)) § 166.62 Definitions. (a) All terms used (but not defined) in this subpart which are defined in the Adult Education Act and subpart A of these regulations shall have the meaning given to them therein. (b) The term "Indochinese Refugee," as defined in the Migration and Refugee Assistance Act of 1962, as amended, and used in this subpart, means "aliens who (A) because of persecution or fear of persecution on account of race, religion, or political opinion, fled from Cambodia or Vietnam; and (B) cannot return thereto because of fear of persecution on account of race, religion, or political opinion." (22 U.S.C. 2601) § 166.63 Eligibility of State educational agency. (a) Each State educational agency that conducts adult education programs with Federal funds authorized under the Adult Education Act is responsible for providing adult basic education and adult secondary education programs, including bilingual adult education programs, for adult Indochinese refugees (as defined in subsection 166.62 of this subpart). (b) To assist in defraying the cost of providing adult education services to Indochinese refugees, the U.S. Commissioner of Education will distribute funds authorized under Pub. L. 94-23 among the States on the basis of the number of adult Indochinese refugees (persons 18 years of age or older) initially resettling within each State from the relocation centers. Determinations of the number of adult Indochinese refugees within the States will be based on figures submitted to the U.S. Commissioner of Education by the Interagency Task Force on Indochina. These funds are to be used to supplement ongoing adult education programs conducted under the provisions of the Adult Education Act to provide services for adult Indochinese refugees. § 166.64 Amendment to annual program plan. (a) Each State educational agency desiring to receive its entitlement of Federal funds to carry out the purposes of this subpart must amend its annual pro |