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CHAPTER V-OFFICE OF BILINGUAL EDUCATION AND MINORITY LANGUAGES AFFAIRS, DEPARTMENT OF EDUCATION

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Bilingual education: General provisions..............
Bilingual education: Basic projects in bilingual
education

Bilingual education: Demonstration projects ........
Bilingual education: State educational agency
projects for coordinating technical assistance......
Bilingual education: Support services projects........
Bilingual education: Materials development proj-
ects program.........................................

Bilingual education: Training projects.............
Bilingual education: School of education projects..
Bilingual education: Fellowship program ..............................................
Bilingual education: Desegregation support pro-
gram-[Reserved]............

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Indochina Refugee Children Assistance Program ..
Transition program for refugee children.....
Educational services for Cuban and Haitian en-
trant children....

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(b) Demonstration Projects (34 CFR Part 502). This program provides financial assistance to demonstrate exemplary approaches to providing programs of bilingual education and to building the capacity of the grantee to continue those programs when Federal funding is reduced or no longer available.

(20 U.S.C. 3223-3231)

(c) State Educational Agency Projects for Coordinating Technical Assistance (34 CFR Part 503). This program provides financial assistance to State educational agencies (SEAS) to coordinate technical assistance to programs of bilingual education funded under the Act within their States. (20 U.S.C. 3231(b)(5))

(d) Support Services Projects (34 CFR Part 504). This program provides financial assistance to strengthen programs of bilingual education and bilingual education training programs. There are two types of centers authorized:

(1) Bilingual Education Service Centers (BESCs). These centers provide training and other services to programs of bilingual education and bilingual education training programs within designated service areas.

(2) Evaluation, Dissemination, and Assessment Centers (EDACs). These centers assist programs of bilingual education and bilingual education training programs within designated service areas in assessing, evaluating, and disseminating bilingual education materials.

(20 U.S.C. 3231, 3233)

(e) Training Projects (34 CFR Part 510). This program provides financial assistance to establish, operate, or improve training programs for persons who are participating in, or preparing to participate in, programs of bilingual education or bilingual education training programs.

(20 U.S.C. 3233)

(f) School of Education Projects (34 CFR Part 514). This program provides financial assistance to institutions of higher education (IHEs) to develop or expand their capability to provide

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(i) Materials Development Projects Program (34 CFR Part 506).

(1) This program awards grants and contracts to develop instructional and testing materials for use in programs of bilingual education and bilingual education training programs.

(2) Grants under this program are covered by these regulations.

(3) Contracts are subject to

(i) The requirements of the Bilingual Education Act;

(ii) The regulations in 41 CFR Chapters 1 and 34; and

(iii) The requirements and criteria in particular requests for proposals (RFPs).

(20 U.S.C. 3231 (a)(1), (a)(4))

(j) Research and Development Program. (1) This program authorizes(i) Research activities funded by the Department (ED);

(ii) Research-funded by the National Institute of Education (NIE) in consultation with ED-to enhance the effectiveness of bilingual education and other programs for persons who have

language proficiencies other than English;

(iii) Coordination-by the Secretary-of ED, NIE, the National Center for Education Statistics (NCES), and other appropriate agencies to develop a national research program for bilingual education; and

(iv) Development and dissemination of instructional materials and equipment suitable for programs of bilingual education.

(2) Awards under this program are made by contract and are not covered by these regulations.

(3) These contracts are subject to(i) The requirements of the Bilingual Education Act;

(ii) The regulations in 41 CFR Chapters 1 and 34; and

(iii) The requirements and criteria in particular requests for proposals

(RFPs).

(20 U.S.C. 3252)

[45 FR 23211, Apr. 4, 1980; 45 FR 35818, May 28, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980]

§ 500.2 Who is eligible for assistance under these programs?

(a) Basic Projects in Bilingual Education. Those eligible for assistance under this program are

(1) An LEA;

(2) An IHE that applies jointly with one or more LEAS; or

(3) An elementary or secondary school operated or funded by the Bureau of Indian Affairs (BIA) for Indian children on a reservation.

(20 U.S.C. 3231(b)(1), 3232)

(b) Demonstration Projects. Those eligible for assistance under this program are

(1) An LEA;

(2) An IHE that applies jointly with one or more LEAS; or

(3) An elementary or secondary school operated or funded by BIA for Indian children on a reservation.

(20 U.S.C. 3231(b)(1), 3232)

(c) State Educational Agency Projects for Coordinating Technical Assistance. An SEA is eligible for assistance under this program.

(20 U.S.C. 3231(b)(5))

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606(c) of ESEA, the Secretary uses the procedures for show cause conferences established by regulations under Title VI of ESEA.

(iii) The Secretary uses the procedures for granting a waiver of ineligibility described in Section 606(c) of ESEA and in regulations implementing that section.

(2) A nonprofit private agency, institution, or organization may apply for a grant if it has received a request for curriculum development from an LEA that is eligible under paragraph (g)(1)(i) of this section or that has received a waiver of ineligibility under paragraph (g)(1)(iii) of this section. (20 U.S.C. 3261)

(h) Fellowship Program. (1) An IHE that offers a program of study leading to a degree above the master's level in the field of training teachers for bilingual education is eligible to participate in this program.

(2) An individual is eligible to apply for a fellowship under this program if this individual

(i) (A) Is a citizen, a national, or a permanent resident of the United States;

(B) Is in the United States for other than a temporary purpose and can provide evidence from the Immigration and Naturalization Service of his or her intent to become a permanent resident; or

(C) Is a permanent resident of the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, or the Trust Territories of the Pacific Islands; and

(ii) Has been accepted for enrollment as a full-time student in a course of study offered by an IHE approved for participation in this program. The course of study must lead to a degree above the master's level in the field of training teachers for bilingual education.

(20 U.S.C. 3233)

(i) Materials Development Projects. Those eligible for assistance under this program are

(1) An LEA; or

(2) An IHE that applies jointly with one or more LEAS.

(20 U.S.C. 3231(b)(1))

[45 FR 23211, Apr. 4, 1980; 45 FR 35818, May 28, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980]

§ 500.3 What regulations govern these programs?

(a) The following regulations apply to grants and fellowships awarded under the Act:

(1) The Education Department General Administrative Regulations (EDGAR) in 34 CFR Part 75 (Direct Grant Programs) and 34 CFR Part 77 (Definitions).

(2) The Education Appeal Board regulations in 34 CFR Part 78.

(3) The regulations in these parts (34 CFR Parts 500-506, 510, 514, 515, and 520).

(b) (1) However, the regulations in these parts do not apply to noncompeting continuation grants under the Basic Projects in Bilingual Education, Support Services Projects, Training Projects, and Materials Development Projects programs for fiscal year 1980.

(2) The interim final regulations for the Bilingual Education Program, published in the FEDERAL REGISTER on March 29, 1979 (44 FR 18906), apply to those grants for fiscal year 1980.

(c) The following provisions of EDGAR do not apply to the types of awards described:

(1) The provisions in 34 CFR Part 75 do not apply to the Fellowship Program (Part 500), except for the provisions in 34 CFR 75.51 (relating to proof of nonprofit status).

(2) The provisions in 34 CFR 75.250(a), 75.253 (a) and (b), and 75.254 (relating to the approval of multi-year projects) do not apply to grants made to LEAS as sole or joint applicants under any of the Bilingual Education Programs.

(3) The provisions in 34 CFR 75.217(a)(3) and (c)-(e) (relating to the review of applications) do not apply to the State Educational Agency Projects for Coordinating Technical Assistance Program. In addition, the provisions of 34 CFR 75.217(a) and (b) do not apply to the review of applications from SEAS submitted under 34 CFR 503.30(c).

(4) Any provision in EDGAR that conflicts with any provision in these

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"Limited English proficiency", with reference to an individual, means an individual

(1) (i) Who was not born in the United States or whose native language is other than English;

(ii) Who comes from a home in which a language other than English is most relied upon for communication; or

(iii) Who is an American Indian or Alaskan Native student and comes from an environment in which a language other than English has had a significant impact on his or her level of English language proficiency; and

(2) Who, as a result of the circumstances described in paragraph (1) of the definition of "Limited English Proficiency" of this section, has sufficient difficulty in understanding, speaking, reading, or writing the Eng

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