the times during which and purposes for which school buildings and equipment are used; and

(3) Public schools, in cooperation with other community groups and resources, to establish community education programs as centers for educational, recreational, cultural, and other related community activities and services in accordance with the needs, interests, and concerns of the community.

(20 U.S.C. 1864(b))

(c) Other pertinent regulations. Assistance provided under this part is subject to applicable provisions contained in (1) Subchapter A of this chapter (relating to fiscal, administrative, property management, and other matters) (45 CFR Parts 100, 100a) and (2) Part 160 of this chapter relating to the Special Projects Act.

(20 U.S.C. 1864(a) and (b))

§ 160c.2 Definitions.

As used in this part: "Act"

means the Community Schools Act, enacted as section 405 of the Education Amendments of 1974, Pub. L. 93-380.

"Institution of higher education" means an educational institution in any State which (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, (2) is legally authorized within such State to provide a program of education beyond secondary education, (3) provides an educational program for which it awards a bachelor's degree or provides not less than a twoyear program which is acceptable for full credit toward such a degree, (4) is a public or other nonprofit institution, and (5) is accredited by a nationally recognized accrediting agency or association or, if not so accredited, (i) is an institution with respect to which the Commissioner has determined that there is satisfactory assurance, considering the resources available to the institution, the period of time, if any, during which it has operated, the effort it is making to meet accreditation standards, and the purpose for

which this determination is being made, that the institution will meet the accreditation standards of such an agency or association within a reasonable time, or (ii) is an institution whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited. Such term also includes any school which provides not less than a one-year program of training to prepare students for gainful employment in a recognized occupation and which meets the provisions of clauses (1), (2), (4), and (5).

"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 are recognized in a State as an administrative agency for its public elementary or secondary schools. The term also includes any other public institution or agency having administrative control and direction of a public elementary or secondary school.

"Program" means a community education program which meets each of the requirements set forth in § 160c.3, except as used in Subpart C of this part, in which "program" means the training program of the institution of higher education which is developed, established, or expanded by a Federal project awarded under Subpart C of this part.

"Program activities and services" offered by a community education program may include, but need not be limited to, the following suggested examples: educational, cultural, recreational and other related community services in the form of formal classes or courses, activities making available the school and other public facilities and equipment for use by individuals or groups, services such as health or dental care, or special programs for particular target populations such as those designed to serve older persons,

to eliminate disproportionately high incidence of suspension, expulsion, or other disciplinary action involving students, for persons who withdraw from school membership before completing the elementary and secondary school education, for mentally or physically handicapped or other health-impaired persons, or to provide rehabilitation services for persons who have been in criminal or juvenile justice systems.

"Project" means those activities of a grantee which the Commissioner determines to be eligible for Federal financial assistance, in accordance with the provisions of § 160c.10(c), (d), and (e) or § 160c.30, as applicable.

"Public facility" means a facility owned by any department or branch of a State, county, or municipal government.

"State" means, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.

"State educational agency" means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary and secondary schools, or, if there is no such office or agency, an officer or agency designated by the Governor or by State law.

(20 U.S.C. 1864)

§ 160c.3 Elements of a community education program.

(a) Types of assistance. Assistance will be provided under this part to: (1) State educational agencies and local educational agencies to plan, establish, expand, improve, maintain and/or provide developmental or technical assistance to one or more community education programs, and (2) Institutions of higher education to develop and establish, or to expand, programs which will train persons to plan and operate community education programs.

(b) Significance of elements. For the purposes of this part, the minimum elements of a community education program are described in paragraph (c) of this section.

(1) The minimum elements set forth in paragraph (c)(1) of this section

relate to specific community education programs to be assisted under a project proposed to be carried out by an applicant under Subpart B of this part rather than to the project as a whole. For example, with reference to the minimum element in paragraph (c)(1) of this section, if a local educational agency applies for a project to establish two new community education programs and to expand two existing community education programs, each of the individual community education programs to be expanded and established must provide for the direct and substantial involvement of a public elementary or secondary school in the administration and operation of the program. However, the overall project activities directed at expanding and establishing these programs may, for example, include the provision of developmental and technical assistance to the individual community education programs from a central office of the local educational agency, and administration of the overall project could therefore be centered in such an office.

(2) The minimum elements set forth in paragraph (c) of this section relate to specific community education programs as follows: (i) A community education program which a State educational agency or local educational agency applicant proposes to expand or operate under this part (or to which a State educational agency or local educational agency proposes to provide developmental and technical assistance in connection with its expansion or operation) must meet these minimum elements; (ii) A project proposed for assistance under this part to plan and establish a new community education program or to provide developmental or technical assistance in connection with the establishment of a new community education program must have the purpose of securing achievement of these minimum elements; and (iii) Training programs at institutions of higher education assisted pursuant to this part must be designed to provide training in skills and understandings with reference to all of these elements.

(3) The minimum elements of a community education program described in paragraph (c) of this section also serve the Commissioner and applicants in distinguishing a community education program from other related programs such as adult education programs and regular kindergarten through twelfth grade instructional programs, for purposes of determining when a program is a new community education program earning an 80 percent Federal share under § 160c.19.

(c) Minimum elements. The following are minimum elements of a community education program.

(1) School involvement. The program must provide for the direct and substantial involvement of a public elementary or secondary school in the administration and operation of the program.

(20 U.S.C. 1864(b), (c), (d)(1); S. REP. NO. 763, 93d Cong. 2d Sess. 72-73 (1974))

(2) Community served. The program must serve an identified community which is at least coextensive with the school attendance area for the regular instructional program of the school involved in the administration and operation of the program, except where special circumstances warrant the identification of a smaller community. (20 U.S.C. 1864(b), (c))

(3) Public facility as a community center. (i) Program services to the community must be sufficiently concentrated and comprehensive in a specific public facility, including, but not limited to, a public elementary or secondary school, a public community or junior college, or a community recreation or park center, in terms of scope and nature of program services (which may not be limited to one or a limited number of areas such as recreation or adult education), hours of service, and other characteristics to constitute such facility as a community center; (ii) Satellite or mobile facilities related to the community center may be used by the center for the provision of a portion of program activities and services, and such satellite or mobile facilities may include nonpublic facilities which are made available for use by the public.

(20 U.S.C. 1864(c))

(4) Scope of activities and services. The program must extend the program activities and services offered by, and uses made of, the public facility in terms of the scope and nature of program services, the target population served, and the hours of service. For example, where a public elementary or secondary school is used as the facility, while the concept of community education would encompass (rather than merely being an add on to) the regular kindergarten through twelfth grade instructional program, the school would need to provide additional programs, activities, and services beyond the regular kindergarten through twelfth grade instructional program.

(20 U.S.C. 1864(b))

(5) Community needs. The program must include systematic and effective procedures (i) for identifying and documenting on a continuing basis the needs, interests, and concerns of the community served with respect to community education activities and services, and (ii) for responding to such needs, interests, and concerns. (20 U.S.C. 1864(b) and (c))

(6) Community resources and interagency cooperative arrangements. (i) The program must provide for the identification and utilization to the fullest extent possible of educational, cultural, recreational, and other existing and planned resources located outside of the school (including but not limited to, services of volunteers) to enhance the size and quality of the program.

(ii) The program must also be designed to encourage and utilize cooperative agreements and other arrangements among public and private agencies to make maximum use of existing talents and resources and to avoid duplication of services.

(20 U.S.C. 1864(b) and (c))

(7) Program clients. The program must be designed to serve all age groups in the community, including preschool children, children and youths in school, out-of-school youths,

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adults, and senior citizens, as well as groups within the community with special needs for community education services and activities, such as persons of limited English-speaking ability, mentally or physically handicapped or other health-impaired persons, or other special target groups not adequately served by existing programs within the community.

(20 U.S.C. 1864(c))

(8) Community participation. The program must provide for the active and continuous involvement, on an advisory basis, of institutions, groups, and individuals including, but not limited to, local community colleges, social, recreational, and health groups, and persons broadly representative of the community served, including representatives of parents of students in the regular instructional program of the school involved in the administration and operation of the program and other residents of the community, in the planning and carrying out of the program, including involvement in the assessment of community needs and resources and in program evaluation.

(20 U.S.C. 1864 (b), (c); H.R. REP. NO. 805, 93d Cong., 2d Sess. 50 (1974))

§ 160c.4 Limitation on number of applications.

(a) Except as provided in paragraphs (b) and (c) of this section, an applicant may submit only one application (whether or not filed jointly with another applicant in a given fiscal year) for assistance pursuant to this part.

(b)(1) A State educational agency which applies to provide developmental and technical assistance to one or more community education programs being administered by a local educational agency must file a single application to cover these activities.

(2)(i) In the event that a State educational agency applies (either individually or jointly with one or more local educational agencies) to plan, establish, expand, improve, or maintain one or more community education programs which it directly administers through a public elementary or secondary school, the State educational agency must submit one or more appli

cations for these activities which is separate from any application the State educational agency files under paragraph (b)(1) of this section.

(ii) A State educational agency may file a single application to cover activities which it proposes to carry out under this subparagraph, or it may file a separate application with respect to each local educational agency with which it is jointly applying to carry out these activities.

(c) An institution of higher education may apply for grants for each of the types of projects described in §§ 160c.32, 160c.33 and 160c.34, respectively. It must file a single and separate application with respect to each of the following sections under which it seeks assistance: §§ 160c.32, 160c.33, 160c.34.

(d) The limitation in paragraph (a) of this section applies to preapplications submitted by local educational agencies if the Commissioner requires preapplications pursuant to § 160c.12. (20 U.S.C. 1221e-3(a)(1), 1864(d)(4))

§ 160c.5 Duration of projects.

(a) Project awards pursuant to this part will be for a grant period of up to one year. If a grantee seeks to receive assistance pursuant to this part for an additional period beyond such grant period, it must submit a new application for a new grant award. Such new application will be evaluated in competition with applications from other former grantees as well as from applicants which have not previously received assistance under this part.

(b) The Federal share of the projects will be computed in accordance with § 160c.19, including § 160c.19(b)(2) which provides that a new community education program may qualify for the 80 percent Federal share for one or two years of funding.

(20 U.S.C. 1221e-3(a)(1), 1864))

§ 160c.6 Community Education Advisory Council.

(a) The Act establishes a Community Education Advisory Council in the Office of the Commissioner composed of eleven members appointed by the Secretary.

(b) The Advisory Council will advise the Commissioner on policy matters relating to the interests of community schools.

(1) The Advisory Council has advised the Commissioner regarding the establishment of the regulations in this part.

(2) The Advisory Council will create a system for the evaluation of projects funded under this part and will present to Congress a complete and thorough evaluation of the projects funded under this part and the operation of this section for each fiscal year subsequent to fiscal year 1975.

(20 U.S.C. 1864(g))

§ 160c.7 Clearinghouse; technical assist

ance.

(a) The Commissioner will establish or designate a clearinghouse to gather and disseminate information received from community education programs, including but not limited to information regarding new programs, methods to encourage community participation, and ways of coordinating community education programs with other community services. The Commissioner may contract with public or private agencies or organizations to establish and operate the clearinghouse.

(b) The Commissioner will make available to each community education program such technical assistance and information as the program may require, and such technical assistance shall be coordinated with the national clearinghouse.

(20 U.S.C. 1864(f))

§ 160c.8 [Reserved]

Subpart B-State and Local Educational Agency Projects

§ 160c.9 Eligibility.

State educational agencies and local educational agencies are eligible to receive grants pursuant to this subpart. (20 U.S.C. 1864(d)(1))

§ 160c.10 Scope of Federally assisted projects.

(a) General. Grants of Federal funds pursuant to this subpart will be made for projects to plan, establish, expand, operate, and/or provide developmental and technical assistance to one or more community education programs meeting or making progress toward meeting the requirements of § 160c.3. (20 U.S.C. 1864(d)(1))

(b) Amount of award. The Federal grant shall be an amount determined by the Commissioner and set forth in the grant award document, which in no case shall exceed the applicable percentage, determined pursuant to § 160c.19, of the amount which the Commissioner determines to be the total, reasonable, and necessary cost of the project, subject to paragraphs (c) and (d) of this section and to § 160c.20. (20 U.S.C. 1864(d) (1) and (3))

(c) Costs generally allowable. For the purposes of this section, the project to which the Federal share (as determined pursuant to § 160c.19) will be applied may include: (1) Leadership, coordinating, and administrative costs of planning, establishing, expanding, operating, coordinating, and providing developmental and technical assistance to one or more community education programs, including costs such as the salaries of community education administrators and their staff (including any community members who are employed as staff members) responsible for planning and implementing the project and community education programs thereunder; (2) training for such persons and for the applicant's chief executive officer; (3) other costs incidental to scheduling, assessing community needs and interests, recruiting administrative and instructional staff for the program and program participants, dissemination of information to the community, and to other interested parties obtaining community participation in the planning and carrying out of the project and programs (including the costs related to the functioning of advisory councils, exclusive of the payment of salaries, honoraria and the like, for