SOURCE: 45 FR 22702, Apr. 3, 1980, unless otherwise noted. Redesignated at 45 FR 77369, Nov. 21, 1980. Subpart A-General § 440.1 Description of the Community Education Act. (a) General purpose. The Community Education Act provides assistance to State educational agencies (SEAs), local educational agencies (LEAs), institutions of higher education, public agencies and nonprofit private organizations to support the costs of planning, establishing, expanding, and operating community education programs. (b) Specific purposes. The purposes of the Act are to (1) Assure involvement of citizens in local and State community education efforts; (2) Encourage the provision in school facilities of services funded under other Federal, State, and local programs; (3) Encourage efficient use schools and other public buildings; of (4) Develop capacity within States to support the continued growth of community education; and (5) Encourage the coordination of community and human services and eliminate duplication and fragmentation of these services in State and local communities. (c) Types of projects. The Community Education Act provides for (1) Grants to SEAS to administer State Community Education Programs described under the heading "Community Education-State Program"; (2) Grants to LEAS for projects described under the heading "Grants to Local Educational Agencies"; (3) Grants to or contracts with public agencies and nonprofit private organizations for profits described under the heading "Grants to Public Agencies and Nonprofit Private Organizations"; and (4) Grants to institutions of higher education for projects described under the heading “Training Grants to Institutions of Higher Education". (Sec. 802; 20 U.S.C. 3282) § 440.2 Regulations that apply to the Community Education Act. (a) Regulations that apply to the State formula program. The following regulations apply to grants and subgrants under the State Community Education Program: (1) The Education Department General Administrative Regulations (EDGAR) in 34 CFR Part 76 (StateAdministered Programs) and 34 CFR Part 77 (Definitions). (2) The regulations in Subpart A (General) and under the heading, "Community Education-State Program" in this part. (b) Regulations that apply to direct grant programs. The following regulations apply to grants under the Community Education Act other than grants and subgrants under the State Community Education Program: (1) The Education Department General Administrative Regulations (EDGAR) in 34 CFR Part 75 (Direct Grant Programs) and 34 CFR Part 77 (Definitions). (2) The regulations in this part, as applicable, except those for the Community Education-State Program. (c) Procurement contracts. The regulations in this part do not apply to procurement contracts under the Community Education Act. These contracts are subject to— (1) Federal and ED procurement regulations in 41 CFR Chapters 1 and 3; and (2) Requirements and criteria in particular requests for proposals published in Commerce Business Daily. (Sec. 801; 20 U.S.C. 3281) State educational agency (SEA) Subgrant Program-specific (b) definitions. The following definitions apply specifically to this Part: "Act" or "Community Education Act" means the Community Schools and Comprehensive Community Education Act of 1978, Title VIII of the Elementary and Secondary Education Act of 1965, as amended by the Education Amendments of 1978 (Pub. L. 95561). "Program" means a community education program that meets each of the minimum elements in § 440.4. "Public facility" means a facility owned by any department or branch of a State, county, or municipal government. "State Community Education Program" refers to the State formula program funded under Section 808 of the Act. (Sec. 8012; 20 U.S.C. 3281) § 440.4 What are the minimum elements of a community education program? In order to be considered for a grant under the Act, each community education program must have the following minimum elements: (a) Role of the local educational agency. (1) An LEA shall be involved directly and substantially in administering and operating the program. (2) However, an LEA is not required to be solely responsible for administering and operating the program. (b) Community served. The program shall serve an identified community. The community shall include, but need not be limited to, the attendance area for the regular instructional program of the schools of the LEA involved in administering and operating the program. (c) Community center—(1) Facilities. (i) A public facility—such as a public elementary or secondary school or a public community college or junior college center-shall serve as a community center. (ii) The community center may use satellite or mobile facilities to provide program activities and services. The satellite or mobile facilities may be nonpublic facilities that are made available for use by the public. (2) Scope of services and their relationship to regular instructional program. To be a community center, the public facility shall offer educational, recreational, health care, cultural, and other related community and human services that (i) To the extent possible, are broad in their scope and nature. Program services may not be restricted to one or a limited number of program areas such as recreation or adult education, or to one or a limited number of groups of persons in the community; (ii) To the extent possible, reinforce the regular instructional program of the elementary or secondary school(s) of the LEA involved in administering and operating the program; and (iii) Extend the services offered by the public facility and the uses made of it by serving more groups or persons, lengthening the hours of service, and broadening the scope and nature of services. (d) Community needs. The program shall include systematic and effective procedures (1) For identifying and documenting on a continuing basis the needs, interests, and concerns of the community served with respect to community education activities; and (2) For responding to those needs, interests, and concerns. (e) Community resources and interagency cooperative arrangements. (1) The program shall identify and use educational, cultural, recreational, and other existing and planned resources located outside of the school or other public facility—including, but not limited to, services of volunteers-to enhance the size and quality of the program. (2) The program shall be designed to encourage cooperation among public and private agencies to— (i) Make maximum use of existing talents and resources; and (ii) Avoid, to the extent feasible, duplication of services. (3) An LEA that plans, directs, or operates a program under this part shall show evidence of cooperation between the LEA and any other public agency conducting a similar program or activity. (f) Program clients. The program shall be designed to serve— (1) All age groups in the community, including preschool children, children and youth, adults, and senior citizens; and (2) Groups within the community with special needs for community education activities, such as persons of limited English-speaking ability, mentally or physically handicapped persons, or other groups of persons. (g) Community involvement in governance. (1) In order to meet the needs, interests, and concerns of the population to be served, the program shall be planned and operated in cooperation with the community. (2) The program shall provide for active and continuous involvement on an advisory basis of— (i) Individuals, institutions and groups representative of the community, and (ii) Parents of school children-in planning, development and implementation of programs. (Secs. 802, 803; 20 U.S.C. 3282, 3283) § 440.5 How are the minimum elements of a community education program applied? (a) Each community education program shall— (1) Already meet all of the minimum elements specified in § 440.4; or (2) Be able to meet all of these minimum elements with the assistance provided under the project. (b) The minimum elements apply to each community education program assisted under the project rather than to the project as a whole. However, the overall local project designed to plan, establish, expand, or operate these programs may be administered in a central office of the LEA. (Secs. 802, 803; 20 U.S.C. 3282, 3283) § 440.6 Scope of eligible project activities. (a) General rule. A community education program may include some or all of the types of activities and services specified in Section 807 of the Act including (1) Educational, cultural, recreational, health care, and other related community and human services, whether or not in the form of formal courses; (2) Activities making the school or other public facilities and equipment available for use by public agencies and private nonprofit organizations, individuals and groups in the community; (3) Preventive health, dental care, and nutrition; (4) Special programs for particular target groups, such as older persons; (5) Services designed to eliminate the high incidence of suspension, expulsion, and other disciplinary action involving chronically maladjusted students; (6) Services for students who withdraw from school before completing secondary school requirements, regardless of age or time of withdrawal; (7) Services for mentally or physically handicapped individuals or other health impaired individuals; (8) Rehabilitation purposes for juvenile and adult offenders; (9) Parent education for care, development, and education of handicapped children; (10) Training programs in institutions of higher education for the purpose of assisting full-time training for personnel who are engaged in or who intend to engage in community education programs; (11) Specialized high schools or schools within schools organized around particular interest such as the arts, or using flexible scheduling and summer learning programs to take into account special needs of students, or creating interrelationships between secondary schools and such community resources as museums, cultural centers, and institutions of higher education; (12) Development of means to use technology to improve the relationship between the school, the home, and community resources such as libraries, museums, and cultural centers; (13) Early childhood and family education grants for programs operated by State and local educational agencies and public and private, nonprofit agencies or organizations for children below age six, which may include identification of potential barriers to learning, education of parents in child development, family services, education for parenthood programs and referral services; and (14) Leisure education. (Sec. 807, 20 U.S.C. 3287) (b) Federal share. The project to which the Federal share is applied includes activities of planning, establishing, expanding, and operating a community education program that meets or is making progress toward meeting the requirements in § 440.4. § 440.7 Allowable costs: Costs related to administration. Allowable costs of a project include leadership, coordinating, administrative, and technical assistance activities involved in planning, establishing, expanding, or operating one or more community education programs. These activities may include but are not limited to (a) Employing a community education administrator and the administrator's staff; (b) Training for the administrator and appropriate members of the administrator's staff, the grantee's chief executive officer and appropriate members of that staff; (c) Scheduling services and activities; (d) Assessing community needs and interests; (e) Recruiting program participants and administrative and instructional staff; (f) Disseminating information to the community and to other interested persons and organizations; (g) Obtaining community participation in planning and carrying out the program; (h) Organizing and training community education task forces or advisory councils and assisting them to plan and carry out their activities; (i) Budgeting and managing the program; (j) Identifying and obtaining the participation of other community service providers; (k) Planning and developing the program; (a) The following costs are allowable only if the conditions in paragraph (b) of this section, are met: (1) Instructional salaries, materials, and equipment; and (2) Other expenses directly related to the provision of specific community education program activities and services-such as course offerings and transportation for participants. (b) These costs are allowed only if— (1) Other public or private resources are unavailable; (2) The charging of enrollment fees to program participants to cover these costs is not feasible or would create an excessive financial burden on potential program participants; and (3) The proposed costs are reasonable in terms of the contributions which they will make to the purposes of the community education program. (Secs. 803, 807; 20 U.S.C. 3283, 3287) § 440.9 Non-Federal contribution for related Federal programs. (a) An SEA or LEA that receives funds under the Act for a community education program may use the fair value of the program as part of or all of the non-Federal contribution that is required under any program listed in paragraph (b) of this section, if both of the following conditions are met: (1) A portion of any of those programs listed in paragraph (b) of this section is implemented in a building in which a community education program assisted under this Act is conducted; and (2) There is a necessary and direct relation between the portion of the program in paragraph (b) of this section and any element of the community education program assisted under this Act. (b) Programs referred to in paragraph (a) of this section include those under: (1) The Public Health Service Act; (2) The Headstart-Follow Through Act; (3) Title XX of the Social Security Act, relating to child care, day care, and other services; (4) The youth employment demonstration programs authorized under the Comprehensive Employment and Training Act; (5) The Older Americans Act of 1965; (6) The Vocational Education Act of 1963; (7) The Adult Education Act; (8) Titles I and X of the Higher Education Act of 1965; relating to community services, continuing education programs, and community college programs; (9) Titles I through IV and Titles VI through IX of the Economic Opportunity Act of 1964 (also known as the Community Services Act of 1974); (10) The Legal Services Corporation Act; (11) Safe Streets and Omnibus Crime Control Act of 1968; (12) Science education programs assisted under the National Science Foundation Act of 1950; (13) The Rehabilitation Act of 1973; and (14) Such other community service programs as the Assistant Secretary of Education deems appropriate. (Section 806; 20 U.S.C. 3286) Subpart C-How Does a State Apply for a Grant? Sec. 441.20 Documents a State must submit to receive a grant. 441.21 Assistance to community education programs. 441.22 Use of funds. 441.23 Expanding community education programs. 441.24 Distribution of funds. AUTHORITY: Title VIII of the Elementary and Secondary Education Act of 1965, as amended by Pub. L. 95-561, 92 Stat. 2284 (20 U.S.C. 3281), unless otherwise noted. SOURCE: 45 FR 22705, Apr. 3, 1980, unless otherwise noted. Redesignated at 45 FR 77369, Nov. 21, 1980. Subpart A-General § 441.1 What general provisions apply to this program? The provisions of Subpart A of 34 CFR Part 440, §§ 440.1 through 440.9, apply to the State Community Education Program under this part. Subpart B-What Kinds of Activities Are Eligible for Funding Under the State Community Education Program? § 441.10 Purpose of State grants. The general purpose of the State Community Education Program is to assure capacity building in the State to support continued development of community education and attain greater State responsibility for this development within the five-year period of authorization of the Act. Specific purposes of the State Community Education Program are described in 34 CFR 440.1 (Description of the Community Education Act). (Sec. 808, 20 U.S.C. 3288) § 441.11 Eligible activities. (a) The Secretary funds SEAS(1) To provide financial assistance, through subgrants, to LEAS to plan, establish expand, and operate community education programs; |