of public schools (as the term "desegregation" is defined in § 180.02(a)(2) for purposes of this section), with respect to non-English dominant minority group students (as the term "non-English dominant minority group” is defined in § 180.02(f)). Such technical assistance shall be rendered through general assistance centers serving designated service areas as described in paragraph (b) (3) of this section. Such a proposal may be submitted whether or not the applicant has submitted a proposal pursuant to §§ 180.21-25.

(42 U.S.Č. 2000c-2; 20 U.S.C. 1231(b); Lau v. Nichols, 414 U.S.C. 563 (1974))

(b) The provisions set forth for assistance under §§ 180.21-25 (except for the third sentence of § 180.21 and the third sentence of § 180.25) shall apply to assistance under this section, except that:

(1) "Desegregation" and "minority group" are defined for purposes of this section as indicated in § 180.02(a) (2) and 180.02(e) (2);

(2) Funds made available under this section shall be available for the activities described in § 180.16(b) (2) în addition to those described in § 180.12;

(3) The following designated service areas, one of which is to be specified by each applicant in its proposal, will prevail:

A. Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Puerto Rico, Virgin Islands.

B. Pennsylvania, Delaware, Maryland, District of Columbia, Virginia, West Virginia, North Carolina, South Carolina, Kentucky, Tennessee, Georgia, Alabama, Mississippi, Florida.

C. Ohio, Indiana, Illinois, Michigan, Minnesota, Wisconsin, Missouri, Kansas, Iowa, Nebraska.

D. Texas, Louisiana, Arkansas.

E. Montana, North Dakota, South Dakota,
Wyoming, Colorado, Utah, Oklahoma.
F. New Mexico, Arizona, Nevada.

G. Southern California (that part of California south of the northern boundaries of San Luis Obispo, Kern, and San Bernardino Counties).

H. Northern California (that part of Callfornia not included in Area G).

I. Washington, Oregon, Idaho. Alaska, Hawall, Guam, Trust Territory of the Pacific Islands, American Samoa.

(42 U.S.C. 2000c-2; Lau v. Nichols, 414 U.S. 563 (1974))

(c) No more than 75 percent of the funds made available for awards pursuant to this section and § 180.16 for any

fiscal year shall be awarded for programs, projects, or activities to be conducted pursuant to this section, unless the Commissioner determines that the proposals pending before him for funds in excess of such amount for such programs, projects or activities are of exceptional merit or promise.

(42 U.S.C. 2000c-2; Lau v. Nichols, 414 U.S. 563 (1974))

(d) Where the dominant language in a geographical area is other than English, for purposes of this section students in that area shall be deemed to be nonEnglish dominant minority group members if they have been specifically determined by the Commissioner to be from environments in which the dominant language is other than the dominant language in the geographical area and, as a result of such circumstances, to be not capable of effective participation in the educational process.

(42 U.S.C. 2000c-2; Lau v. Nichols, 414 U.S. 563 (1974))

Subpart D-Training Institutes
Eligibility for assistance.

§ 180.31

Any institution of higher education may apply for a grant pursuant to this subpart for the operation of short term or regular session institutes for special training designed to improve the ability of teachers, supervisors, counselors, and other elementary or secondary school personnel (including school board members or trustees) to deal effectively with special educational problems occasioned by desegregation. An institute may focus only on desegregation on the basis of race, color, religion, or national origin, only on desegregation on the basis of sex, or on both of these types of desegregation.

(42 U.S.C. 2000c-3)

§ 180.32 Authorized activities.

(a) Funds made available pursuant to this subpart shall be used for institutes for special training in one or more of the problem areas described in § 180.12 (except § 180.12 (b) and (g)). Such institutes may be held on the campus of the applicant institutions or at other locations, and shall consist of (1) summer sessions not to exceed 6 weeks in duration or (2) sessions conducted during the regular academic year. (42 U.S.C. 2000c-3)

(b) Training shall be provided pursuant to this subpart only upon the re

quest of a school board, State, municipality, school district, or other governmental unit legally responsible for operating a public school or schools. (42 U.S.C. 2000c-3)

(c) Stipends. An individual who attends an institute on a full-time basis shall be paid a stipend of $30 for each institute day of attendance up to $150 per week. If, in the case of an institute described in paragraph (a) (2), less than five hours of training is scheduled to be provided on an institute day, the payment for such day shall be $6 per hour, within the $150 weekly limit. In the event that participation in an institute is interrupted or is terminated prior to completion of the institute program, stipend payment shall be made to the individual for such period as he was in attendance on a full-time basis. For purposes of this paragraph, "attendance on a full-time basis" means attendance during a period for which the individual is receiving no other compensation for such attendance or for work performed during such period, and an "institute day" means each day of a program of an institute on which at least 2 (or, in the case of an institute described in paragraph (a) (1) of this section, 5) hours of training is scheduled to be provided.

(42 U.S.C. 2000c-3)

(d) Travel allowances. (1) An individual who attends an institute on a fulltime basis (as defined in paragraph (c) of this section) may be provided travel or an allowance for his actual cost of travel, from place of residence or employment to place of the institute, and from place of the institute to his place of residence or employment, as set forth in the institution's arrangement with the Commissioner. The allowance for travel in the case of travel by private automobile shall be at the rate of 12 cents per mile. In the case of joint travel by private automobile by a group of participants, travel allowances shall be payable only to one of such participants, but without reduction on account of contribution to him by the other participants.

(2) In addition to the limitations of paragraph (d) (1) of this section, when air, rail, or steamship transportation is used, first-class accommodations or an allowance therefor may be provided only where first-class accommodations are the only class of service for the most direct travel route, or where less than first-class accommodations result or

(a) An applicant desiring to receive assistance pursuant to this subpart for any fiscal year shall submit to the Commissioner an application for such fiscal year, which application shall set forth a program, project, or activity under which, and such policies and procedures as will assure that, the applicant will use funds awarded on the basis of such application only for the activities described in § 180.32. Such applications, together with all correspondence and other written materials relating thereto, shall be made readily available to the public by the applicant and by the Commissioner, unless such availability prior to the funding of applications submitted under this subpart could result in another applicant's obtaining a competitive advantage. (42 U.S.C. 2000c-3)

(b) Applications for assistance submitted pursuant to this subpart shall contain a listing of the school boards, States, municipalities, school districts, or other governmental units to whose teachers, supervisors, counselors, and other elementary or secondary school personnel the applicant proposes to provide special training, the nature of such training expected to be provided, and a statement as to whether such school boards, States, municipalities, school districts, or other governmental units are desegregating their schools pursuant to an order of a court of the United States, a State court, or a State agency or official or pursuant to a plan or assurance required by the Secretary. Such applications shall also include copies of all requests for such training from such school boards, States, municipalities, school districts, or other governmental units, and a copy of the form to be prescribed or employed for additional requests for such training. Such requests, at a mimimum, shall indicate the status of the requesting school board, State,

municipality, school district, or other governmental unit with respect to desegregation, the number and percentage of minority group students enrolled, the nature of the special educational problems with respect to which training is requested, and the approximate number and type of personnel to be trained, and shall be signed by the chief executive officer or other authorized representative of the requesting agency.

(42 U.S.C 2000c-3)

(c) Applications for assistance pursuant to this subpart shall be submitted in such form and at such time as the Commissioner may require.

(42 U.S.C. 2000c-3)

§ 180.34

Criteria for assistance.

(a) In reviewing applications under this subpart, the Commissioner shall apply the criteria set forth at § 180.14(a), (b), (c) (2), (d), and (e), except that (1) needs shall be assessed pursuant to § 180.14 (a) with respect to all school boards, States, municipalities, school districts, or other governmental units which have requested training assistance, and (2) 8 points shall be awarded for the criteria set forth in § 180.14(c) (2). (42 U.S.C. 2000c-8)

(b) Project design (15 points). The Commissioner shall also apply the following criteria: the extent to which (1) The participants in the proposed institute or institutes will include persons with authority to effect substantive changes in public school policies and procedures, including school board members or trustees, superintendents, assistant superintendents, and school principals; (2) the applicant proposes to work with institute participants on a regular basis in classroom and other field situations after completion of formal training sessions; (3) the applicant sets forth specific methods or techniques for preparing institute participants to train other teachers, supervisors, counselors, and other elementary and secondary school personnel in dealing effectively with desegregation-related problems; and (4) the proposed program, project, or activity is designed to develop specific educational strategies for dealing effectively with such problems.

ranking on the basis of the criteria set forth in § 180.34, except that at least ten awards shall be made for each fiscal year for institutes of which the primary focus would be training with regard to desegregation on the basis of sex. However, the Commissioner shall not be required to approve any application which does not meet the requirements of this part, does not score at least 28 points on the basis of the criteria set forth in § 180.34, or which is otherwise of such insufficient promise for achieving the purposes of this part that its approval is not warranted. No more than 15 percent of the funds made available for assistance pursuant to this part (other than funds available under §§ 180.16 and 180.26) for any fiscal year shall be awarded for programs, projects, or activities to be conducted pursuant to this subpart, unless the Commissioner determines that the applications pending before him for funds in excess of such amount for such programs, projects, or activities are of exceptional merit or promise. In determining the amount of an award under this subpart, the Commissioner may consider the desirability of using funds for other applications which warrant his approval.

(42 U.S.C. 2000c-3)

§ 180.43 Applications.

(a) An applicant desiring to receive assistance under this subpart for any fiscal year shall submit to the Commissioner an application for such fiscal year, which application shall set forth a program, project, or activity under which, and such policies and procedures as will assure that, the applicant will use funds awarded on the basis of such application only for the activities described in § 180.42. Such applications, together with all correspondence and other written materials relating thereto, shall be made readily available to the public by the applicant and by the Commissioner, unless such availability prior to the funding of applications submitted under this subpart could result in another applicant's obtaining a competitive advantage.

(42 U.S.C. 2000c-4)

(b) Applications for assistance pursuant to this subpart shall indicate whether the applicant is desegregating its schools pursuant to an order of a court of the United States, a State court, or a State agency or official, or pursuant to a plan or assurance required by the Secretary, and shall describe the problems incident to desegregation to be addressed by the proposed program, project, or activity. If an application for assistance pursuant to this subpart includes a request for funds for inservice training as described in § 180.41, such application shall indicate the reasons that such training is not available from other

sources.

967

ligion, or national origin (if assistance therefor is sought) and (ii) (5 points) desegregation on the basis of sex (if assistance therefor is sought); (2) (5 points) the degree to which the applicant has demonstrated by objective evidence the existence of such needs; and (3) (5 points) the extent to which the applicant lacks the financial and other resources necessary to meet such needs.

(42 U.S.C. 2000c-4)

(c) Activities (23 points)-(1) Qualifications of specialist (8 points). The extent to which the application (i) contains evidence of desegregation-related background, training, and experience on the part of the person to be employed as an advisory specialist, and (ii) sets forth procedures for direct, formal consultation, on a regular basis, by such specialist with school board members and trustees and the superintendent of the affected school district concerning problems incident to desegregation;

(2) Community involvement (7 points). The extent to which the application (i) reflects the participation of representatives of the communities affected by desegregation (including, as applicable, minority and non-minority group communities) in the development of the proposed program, project, or activity, and (ii) contains evidence that such representatives will participate in the implementation of the proposed program, project, or activity; and

(8 points).

Definitions.

As used in this part:

(a) [Reserved]

(b) The term "desegregation" means the assignment of students to public schools and within such schools without regard to their race, color, religion, or national origin, but “desegregation" does not mean the assignment of students to public schools in order to overcome racial imbalance. (42 U.S.C. 2000c)

(c) The term "local educational agency" means a public board of education or other public authority legally constituted within a State either for 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 are recognized in a State as an administrative agency for its public elementary or

secondary schools, or a combination of local educational agencies; and includes any other public institution or agency having administrative control and direction of a public elementary or secondary school. (20 U.S.C. 881)

(d) The term "minority group" with reference to any person or persons, means a person or persons of Negro, AmericanIndian, Spanish-surnamed American, or Oriental ancestry.

(e) [Reserved]

(f) The term "person" includes an individual, group, organization, corporation, association, or other entity.

(g) The term "property" includes real or personal property. (Public Law 91380)

(h) [Reserved]

(1) The term "transfer" in relation to property (or services) includes the gift, lease, or sale of such property or services (Public Law 91-380)

[36 FR 16546, Aug. 21, 1971, as amended at 38 FR 30661, Nov. 6, 1973]

§ 181.2 Purpose.

The purpose of the emergency assistance to be made available under the program described in this part is to meet special needs during the 1971-72 academic year incident to the elimination of racial segregation and discrimination among students and faculty in elementary and secondary schools by contributing to the costs of new or expanded activities to be carried out by local educational agencies or other agencies organizations, or institutions and designed to achieve successful desegregation and the elimination of all forms of discrimination in the schools on the basis of race, color, religion, or national origin. § 181.3 Eligibility.

(a) (1) Assistance under the prograin may be made available to a local educational agency which is implementing a plan for the desegregation of its schools, which plan (i) has been undertaken pursuant to a final order of a court of the United States or of any State, or of a State administrative agency of competent jurisdiction, issued or modified on or after April 20, 1971, pursuant to constitutional requirements as set forth by the U.S. Supreme Court in "Swann v. Charlotte-Mecklenburg Board of Education," and its companion cases, or (ii) has been approved by the Secretary, on or after such date as adequate