(b) Project staff travel to professional and educational conferences specifically related to project development and to Office of Education sponsored meetings, when approved by the Commissioner;

(c) Other travel specifically approved by the Commissioner in writing and in advance of such travel.

(20 U.S.C. 1070d-1)

$157.15 Coordination of administration with other programs authorized by Title IV-A-4 of the Act.

additon to the requirements set n in 45 CFR 100a.275 and 157.7 n an applicant under this part also ests funds to carry out one or of the programs authorized by IV-A-4 of the Act, the applicamust reflect the following:

Provision for a single, unified adstative program operation. In the event a Project Director of one of the projects subject to this provision is selected to serve as coordinator for two or more projects authorized by Title IV-A-4 of the Act, the salary of that individual must be prorated among the projects;

(b) Provision for separate program identities, activities, and budget; and

(c) Consolidation of personnel and program functions to the fullest extent possible while still maintaining separate program identities.

(20 U.S.C. 1070d-1; 1232c(b)(i))

Sec.

PROJECT MANAGEMENT

158.18 Project coordinator.

158.19 Policy advisory committee. 158.20 Employment of low-income persons. 158.22 Parent-implemented projects. 158.24 Evaluation of program effective

ness.

PROJECT IMPLEMENTATION

158.25 Project design and development. 158.26 Program components.

PARTICIPATION OF PRIVATE SCHOOL CHILDREN 158.28 Numbers of private school children to be served.

158.29 Manner of service. 158.30 Provision of services.

Subpart C-Grants and Contracts for Technical Assistance

158.41 Grants and contracts with State educational agencies and other appropriate organizations for technical assistance and leadership.

158.42 Criteria for approval and funding of grants or contracts.

158.43 Joint applications for technical assistance grants and contracts.

Subpart D-Grants and Contracts for
Demonstration

158.51 Eligible projects.
158.52 Funding criteria.

Subpart E-Federal Financial Participation 158.63 Federal share of expenditures. 158.64 Non-Federal share.

158.65 Criteria for increase in Federal share.

158.65a Applications for increase in Federal share and review of applications. 158.66 Use of funds for sectarian purposes. 158.67 Prohibition against supplanting. 158.68 Salary and wage limitations.

Subpart F-General Provisions

158.84 Suspension, termination and refusal to refund.

158.85 Nondiscrimination provisions. 158.86 Limitation with respect to certain

unlawful activities. 158.87 Political activities.

AUTHORITY: Title V. Pub. L. 88-452, 78 Stat. 516, as amended by Pub. L. 93-644, sec. 8(a), 88 Stat. 2306 (42 U.S.C. 2929 et seq.) except as otherwise noted.

SOURCE: 42 FR 33146, June 29, 1977, unless otherwise noted.

Subpart A-Purpose and Definitions

§ 158.1 Program purpose.

The Follow Through Program implemented by these regulations is an experimental community services program designed to assist, in a research setting, the overall development of children enrolled in kindergarten through third grade from low-income families, and to amplify the educational gains made by such children in Head Start and other similar quality preschool programs by (a) implementing innovative educational approaches, (b) providing comprehensive services and special activities in the areas of physical and mental health, social services, nutrition, and such other areas which supplement basic services already available within the school system, (c) conducting the program in a context of effective community service and parental involvement, and (d) providing documentation on those models which are found to be effective.

(Economic Opportunity Act, Title V, sec. 551, 554 (Pub. L. 93-644 sec. 8(a)))

§ 158.2 Definitions.

As used in this part:

"Act" means the Economic Opportunity Act of 1964, P.L. 88-452, (42 U.S.C. 2701 et seq.) as amended.

"Follow Through children" means all children in public or private school who have been enrolled in a Follow Through project in accordance with § 158.12.

"Follow Through parents" means all parents of children enrolled (or to be enrolled) in a Follow Through project, including the parents of private school children participating in the project.

"Head Start Agency" means an organization funded in whole or in part by the Office of Child Development, HEW, pursuant to Title V, Part A of the Act.

(Economic Opportunity Act, Title V, sec. 514 (Pub. L. 93-644 sec. 8(a)))

"Inservice training" means such specialized training as may be required or recommended for project staff during

the course of employment in the Follow Through project.

"Local educational agency" means a public school 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 is 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.

"Low-income children" or "lowincome person" means children or persons from families whose annual income falls at or below the official poverty line as defined by the Office of Management and Budget and as revised periodically by the Department of Health, Education, and Welfare pursuant to section 625 of the Act.

"Paraprofessional" means a person who does not have a baccalaureate or equivalent degree of certification, but who directly assists persons in the performance of educational, social service, medical, or other duties of a professional nature in a Follow Through project, (e.g., teacher's aide, nurse's aide, or social worker aide).

"Preservice training" means workshops, courses, seminars, and other forms of specialized training which precede, and are required or recommended for, employment as a member of a Follow Through project staff.

"Primary grades" means grades 1 through 3 inclusive.

"Project sponsor" means a college, university, regional education laboratory, or other agency, organization or institution which receives a grant or contract to undertake some or all of the activities listed in § 158.51 and which maintains a contractual relationship with one or more local Follow Through projects for the purpose of conducting such activities in conjunction with such projects.

"Project area" means the local community or the smaller geographic area within such community (defined by school attendance zones or other similar neighborhood boundaries) in which a Follow Through project operates.

"Project staff" means all persons who work (full time or part time) directly in the Follow Through project, either on public or private school premises, whether or not such persons are paid with funds made available under the Act.

"Rural" as applied to a geographic area, means an area which is not included within a Standard Metropolitan Statistical Area (as defined by the U.S. Bureau of Census) and which is not within or coterminous with a city, town, borough, or village or other subcounty political unit, the population of which exceeds 2,500.

"State" means a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.

(Economic Opportunity Act, Title V, sec. 571(2) (Pub. L. 93-644 sec. 8(a)))

"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 officer or agency, an officer or agency designated by the Governor or State law.

"Supplementary training" means the training of paraprofessionals and nonprofessionals in programs leading to college level degrees, particularly in the field of early childhood education. (Economic Opportunity Act, Title V, sec. 551(a); 553(a)(1)(3) (Pub. L. 93-644 sec. 8(a)))

§ 158.3 Planned variation.

(a) Follow Through project grants are made to local educational agencies and other public or non-profit private agencies, organizations, or institutions in order to explore the effects of a number of promising approaches to the education of children from lowincome families in the early elementary grades. Most grantees must agree to carry out the project in cooperation

with project sponsors who have developed such approaches in affiliation with the U.S. Office of Education.

(b) In order to assess the effectiveness of each approach, evaluation data is being collected by the U.S. Office of Education. Because the collection of data will continue for a number of years, project and sponsor grantees are required to work together in the development and implementation of the sponsor's approach for the period of their participation in the Follow Through program except if the Commissioner determines otherwise.

(Economic Opportunity Act, Title V, secs. 551, 553(a) (1), (2) (Pub. L. 93-644 sec. 8(a)))

Subpart B-Grants for Local Follow Through Projects

ELIGIBILITY REQUIREMENTS AND PROCEDURES

§ 158.11 Eligible applicants.

(a) Except as provided in paragraph (b) of this section, the Commissioner will provide financial assistance under this subpart, in the form of grants, only to local educational agencies.

(b) Whenever the Commissioner determines that (1) a local educational agency receiving assistance under paragraph (a) of this section is unable or unwilling to serve private school children as required by § 158.28 or (2) it is otherwise necessary in order to best fulfill the purposes of Follow Through as set forth in § 158.1, he may provide financial assistance to be used for this purpose to a Head Start agency or other public or appropriate non-profit private agency, organization, or institution.

(Economic Opportunity Act, Title V, section 551(a) (1), (2) (Pub. L. 93-644 sec. 8(a)))

§ 158.12 Eligible children.

(a) Low-income children. Subject to the provisions of paragraph (b) of this section, only low-income children enrolled in the early elementary grades may participate in projects funded under this subpart. At least 50 percent of the children in each entering class shall be children who have previously participated in a full-year Head Start

or similar quality preschool program and who were low-income children at the time of enrollment in such preschool program; except that the Commissioner may reduce this percentage requirement in special cases where he determines that its enforcement would prevent the most effective use of Follow Through funds (e.g., where the grantee is implementing a racial desegregation plan).

(b) Non-low-income children. If the Commissioner determines (1) that participation in the project of children from diverse socio-economic backgrounds would enhance the development of the low-income children to be served and would benefit the community in which the project is located, or (2) that such socio-economic diversity in a particular project will produce evidence concerning how best to fullfill the purposes of Follow Through as set forth in § 158.1, he may require or permit the inclusion of a specified percentage of children other than lowincome children in the project. The inclusion of such other children in a project shall not in any case dilute or interfere with the services designed for low-income children. In order to prevent such dilution, families of such other children may be required to pay (to the extent that the family's financial situation makes payment appropriate), or have payment made in their behalf from some other source, e.g., by the grantee, for all or part of the identifiable costs of the services such children receive.

(c) Procedures for selection. Agencies proposing to operate or continue projects under this subpart shall establish procedures for identification and selection of eligible children which comply with the requirements of this section and shall set forth such procedures in the project proposal. Such procedures shall assure that every reasonable effort will be made (1) to serve first the poorest children enrolled under paragraph (a) of this section, and (2) to determine an equitable basis on which payment shall be made with respect to children enrolled under paragraph (b) of this section.

(d) Records. Each project shall maintain records establishing that its iden

tification and selection of eligible children complied with the requirements in this section.

(Economic Opportunity Act, Title V, secs. 551(a), 553(a) (1), (2) (Pub. L. 93-644 sec. 8(a)))

§ 158.13 Selection of grantees and application procedures.

(a) In order to provide the necessary continuity for evaluation of the planned variation approaches provided for in § 158.3, grants will be given only to applicants who are successfully conducting Follow Through projects during the current fiscal year and who demonstrate the capability to continue to so operate projects in accordance with the planned variation approach.

(b) Project proposals will be disposed of by the Commissioner in accordance with § 100a.27 of this chapter, and negotiated in a process of consultation with the applicant and low-income parents of Follow Through children as needed.

(Economic Opportunity Act, Title V, secs. 551 (a) (1), (3); 553(a)(1) (Pub. L. 93-644 sec. 8(a)))

§ 158.15 Criteria for refunding of projects.

In accordance with the provisions of § 158.13(b) and the criteria set forth in § 100a.26(b) of this chapter, the Commissioner reviews funding for projects under this subpart on the basis that the applicant has satisfactorily operated a federally-funded Follow Through project in the immediate prior year consistent with the purposes of the program as set forth in § 158.1. In order to determine whether the applicant has satisfactorily operated a Follow Through project in the immediate prior year in accordance with the purposes of the program as set forth in § 158.1, the following criteria shall be used (each of the criteria shall be rated on the following scale: unsatisfactory, satisfactory, above average, outstanding):

(a) The proportion of children enrolled in the schools of the project who are low-income according to the official poverty line as defined by the Office of Management and Budget;

(b) The proportion of children enrolled in the schools of the project

who are graduates of Head Start or similar preschool programs as required by § 158.12(a);

(c) The provision for parental and community involvement as required by § 158.26(b);

(d) The participation of Follow Through parents in the development and operation of the project as required by § 158.19 (a) and (d);

(e) The role of the Policy Advisory Committee in recommending the filling of staff positions as required by § 158.19 (d) (3) and (4);

(f) The extent to which the membership of the Policy Advisory Committee is composed of low-income parents elected by such parents as required by § 158.19(b);

(g) The extent to which the Policy Advisory Committee participates in the decision-making process in respect to important aspects of the project in accordance with § 158.19(d).

(h) The extent to which priority is given to low-income parents in the employment of nonprofessionals and paraprofessionals as required by § 158.20;

(i) If appropriate, the extent to which the supplementary training program is serving nonprofessional and paraprofessional staff of the project in accordance with § 158.26(h)(3);

(j) The role of the Career Development Committee as required by § 158.19(d)(9);

(k) The provision for staff training as required by § 158.26(g);

(1) The extent to which the instructional component is implemented as required by § 158.26(a);

(m) The provision and coordination of comprehensive services as required by §§ 158.26 and 158.26(b):

(1) Nutrition;

(2) Medical and dental services; (3) Social services;

(4) Psychological services; (5) Career development;

(n) The use or the coordination, or both, of other resources and programs with the project in accordance with § 158.25(b); and

(0) The extent to which the evaluations conducted to date indicate program effectiveness according to crite

§ 158.15a Additional funds for demonstration.

For the purpose of conducting expanded demonstration activities, the Commissioner may make additional funds available to certain applicants which have been selected for funding in accordance with § 158.15 for the same year for which the additional funds are to be made available. These applicants must have received a satisfactory rating with respect to all the funding criteria listed in § 158.15, and must have received an outstanding rating with respect to the funding criteria listed in § 158.15 paragraphs (1) and (o). The following additional criterion will be applied in making awards under this section: the extent to which the applicant has the capability of demonstrating educational practices to large numbers of interested persons. Factors to be used in determining this capability include the following: geographic location, ease of accessibility, availability of transportation and lodging facilities for large numbers of persons, and personnel resources. The requirements imposed by § 158.64 of this part with respect to non-Federal share do not apply to funds made available under this section.

(42 U.S.C. 2929b(a)(1).)

§ 158.16 Financial support of projects.

The grantee shall support project activities conducted under this subpart through the following combination of

resources:

(a) The normal effort (in funds and services) which the grantee is required to maintain under § 158.67 and upon which the project builds;

(b) The Federal funds appropriated under the Act and distributed under this subpart; and

(c) The non-Federal contribution required §§ 158.64 and 158.65.

(42 U.S.C. 2929, 2929a)