Code of Federal Regulations: Containing a Codification of Documents of ...

§ 119.3 Procedures for application review and disposition.

The Commissioner will approve an application only upon his determination that such an application meets the requirements of the Act and the regulations in this part. This means that:

(a) Each activity and part thereof proposed in an application or an amendment thereto provides for the development, improvement, or expansion of activities which make a significant contribution toward strengthening the leadership resources of the State educational agency, or which make a significant contribution toward strengthening its ability to participate effectively in identifying and meeting the needs of elementary and secondary education in the State.

(b) An application and all amendments thereto and each activity proposed therein complies with and conforms to applicable provisions of this subpart and subpart D.

§ 119.4 State educational agency.

(a) Designation. The application shall give the official name of the State educational agency that will be the agency responsible for administering the activities set forth in the application.

(b) Organization. The application shall describe by chart the organizational structure of the State educational agency responsible for administering the activities described therein, and a description of the unit or units responsible for such administration, the principal functions assigned to each, the lines of authority within such unit or units and the administrative relationships of such a unit or units to the rest of the State educational agency. If an activity in an application will expand or alter the organizational structure of the State educational agency, the application shall indicate that part of the structure to be affected.

§ 119.5 Supplementation of State effort.

(a) The application of a State shall contain or be accompanied by an assurance that Federal funds made available under the application will

supplement and, to the extent practicable, increase the amount of State funds that would in the absence of such Federal funds be made available for activities which meet the conditions of section 503 of the Act and §§ 119.2 and 119.3 in this part.

(b) In determining whether the assurance referred to in paragraph (a) of this section is adequate, the Commissioner may request additional data from the applicant such as: (1) The amount of State funds (including, in the case of programs supported by Federal funds, the State share of all expenditures pursuant to such programs) to be expended by the State educational agency for activities which meet the conditions of section 503 of the Act and §§ 119.2 and 119.3 as compared with (2) the amount of State funds expended by the State educational agency in the preceding fiscal year or years, as appropriate, for such activities, with allowances for unusual capital expenditures, such as the acquisition of data processing or other major items of equipment, and adjustments to reflect changes in the scope of the responsibilities of the State educational agency.

(20 U.S.C. 864)

[34 FR 7422, May 2, 1969, as amended at 36 FR 8950, May 15, 1971]

§ 119.6 State fiscal management.

The application shall set forth such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid to the State pursuant to the application, including any such funds paid by the State to agencies, institutions, and organizations for the purpose of carrying out activities under title V-A of the Act. Subject to the provisions of § 119.44, such fiscal management shall be in accordance with applicable State laws, policies, and procedures. Accounts and supporting documents relating to any application involving Federal financial participation shall be adequate to permit an accurate and expeditious audit.

(20 U.S.C. 864)

[36 FR 8950, May 15, 1971]

(m) "Special project grants" means grants made from funds reserved by the Commissioner pursuant to section 505 of the Act.

(n) "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.

(o) "State educational agency," or "State 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 by State law.

(20 U.S.C. 865, 881)

[34 FR 7242, May 2, 1969, as amended at 36 FR 8950, May 15, 1971; 38 FR 30659, Nov. 6, 1973]

Subpart B-Basic Grants (Grants

From Apportionad Funds)

§ 119.2 State applications.

(a) Purpose and content. The principal condition for a basic grant of Federal funds apportioned to a State under title V-A of the Act is the submission by the State through the State educational agency of an application to the Commissioner. Any State desiring to receive a basic grant shall submit an application for each fiscal year on such date as the Commissioner may fix, and in accordance with such procedures as the Commissioner may prescribe.

(b) Submission and approval. An application and all amendments thereto shall be submitted to the Commissioner for his approval by a duly authorized officer of the State educational agency. The application shall indicate the official or officials authorized to submit application material. If found by the Commissioner to be in conformity with the provisions and purposes of the Act and the regulations in this part, the application for that fiscal year will be approved subject to the limits of available appropriations. The Commissioner will not finally disapprove an application, or any modifica

tion thereof, except after reasonable notice and opportunity for a hearing has been afforded to the State educational agency. An approved application shall form the basis for making payments to a State under title V-A of the Act.

(c) Amendments. An application must be appropriately amended whenever (1) there is a material change in a pertinent State law or in the organization, policies, or operations of the State educational agency affecting the application or any activities described therein, (2) there is a material change in the content or administration of any such activity, or (3) any activity is added or deleted. (Minor deviations referred to in § 119.40 are not deemed to be "material changes" for the purposes of this paragraph.) The submission and approval of amendments shall follow the same procedures and have the same effect specified for an application in paragraph (b) of this section. All applications submitted after the initial application within the same fiscal year shall have the effect of an amendment to the initial application.

(d) Certificate of the State educational agency. An application and all amendments thereto must include as an attachment a certificate of the officer of the State educational agency authorized to submit the application to the effect that the application has been adopted by the State agency and that the application will constitute the basis for operation and administration of the activities in which Federal participation under basic grants will be required.

(e) Certificate of the State attorney general. The application shall include as an attachment a certificate by the State's attorney general, or other official designated in accordance with State law to advise the State educational agency on legal matters, to the effect that the applicant is the State educational agency and that the applicant has authority under State law to submit the application.

[34 FR 7242, May 2, 1969, as amended at 36 FR 8950, May 15, 1971]

§ 119.3 Procedures for application review and disposition.

The Commissioner will approve an application only upon his determination that such an application meets the requirements of the Act and the regulations in this part. This means that:

(a) Each activity and part thereof proposed in an application or amendment thereto provides for the development, improvement, or expansion of activities which make a significant contribution toward strengthening the leadership resources of the State educational agency, or which make a significant contribution toward strengthening its ability to participate effectively in identifying and meeting the needs of elementary and secondary education in the State.

(b) An application and all amendments thereto and each activity proposed therein complies with and conforms to applicable provisions of this subpart and subpart D.

§ 119.4 State educational agency.

(a) Designation. The application shall give the official name of the State educational agency that will be the agency responsible for administering the activities set forth in the application.

§ 119.5 Supplementation of State effort.

(a) The application of a State shall contain or be accompanied by an assurance that Federal funds made available under the application will

(20 U.S.C. 864)

[34 FR 7422, May 2, 1969, as amended at 36 FR 8950, May 15, 1971]

§ 119.6 State fiscal management.

(20 U.S.C. 864)

[36 FR 8950, May 15, 1971]

§ 119.8 Federal payments.

Federal payments will be made available to the States after:

(a) The State has on file in the Office of Education an approved application covering the activities for which payment is to be made;

(b) The pertinent reports required by 119.7 in this part have been reviewed; and

(c) The Commissioner is satisfied that the State needs the funds and will be able to carry out the activities contained in the application.

(20 U.S.C. 1232d)

[34 FR 1242, May 2, 1969, as amended at 38 FR 30659, Nov. 6, 1973]

§ 119.9 Reapportionment.

Pursuant to section 502(b)(1) of the

Act:

(a) The amount apportioned to any State for any fiscal year under section 502(a) of the Act which the Commissioner determines will not be required for that year shall be available for reapportionment, on such dates during that year as the Commissioner may fix, to other States in proportion to the amounts originally apportioned to such other States for that year, but with the proportionate amount for any of the other States being reduced to the extent it exceeds the sum the Commissioner determines the State needs or will be able to use for that year.

(b) The amounts to be so reapportioned will be determined by the Commissioner on the basis of (1) reports filed by the States of the amounts required to carry out the State application approved by the Commissioner, and (2) such other information as he may have available. Each State agency shall, if requested, submit to the Commissioner, on such date or dates as he may specify, a report or reports showing the anticipated need during the current fiscal year for the amount previously apportioned or any amount needed in addition thereto, and such other information as the Commissioner may request.

[34 FR 1242, May 2, 1969, as amended at 36 FR 8951, May 5, 1971]

§ 119.10 Transfers of apportioned funds.

(a) Upon the request of a State, any part of the amount of Federal funds apportioned to it for basic grants may, pursuant to paragraph (b) of this section, be added to or combined with the amount apportioned to another State for the purpose of carrying out one or more activities that would benefit each participating State.

(b) Any State desiring that a part of its apportionment of Federal funds for basic grants be added to or combined with that of another State shall submit to the Commissioner a request for such a transfer, either as a part of the application covering an activity or activities affected by such a transfer or as an amendment or amendments thereto. Such a request shall be submitted by a State simultaneously with the application or at any time subsequent thereto. Such a request shall contain (1) a description of the activities to be carried out by the receiving State with funds contributed to it by other participating States; (2) a statement of the total amount to be expended for such activities and the sources and amounts of Federal and non-Federal funds, if any, contributed by each participating State, including the receiving State; (3) information showing how such activities will assist all participating States in strengthening the leadership resources of their respective State educational agencies and in identifying and meeting their educational needs; and (4) a certificate of the receiving State educational agency accepting the transfer of funds for the purposes identified by the State or States requesting the transfer. Each such request, when approved by the Commissioner, shall become a part of the application of the receiving State.

Subpart C-Special Project Grants § 119.20 Purpose.

Special project grants authorized in section 505 of the Act will be made by the Commissioner (a) to State educational agencies to pay part of the cost of experimental projects for developing State leadership or for the estab

lishment of special services which, in the judgement of the Commissioner, hold promise of making a substantial contribution to the solution of problems common to the State educational agencies of all or several States, and (b) to public regional interstate commissions or agencies for educational planning and research.

§ 119.22 Review of applications.

(a) In reviewing each application submitted for his approval, the Commissioner will assure himself that:

(1) Each special project proposed in an application includes experimental activities, or in the case of public recommissions gional interstate and agencies, educational planning and research, for development of State educational leadership or for establishment of special services which hold promise of making a substantial contribution to the solution of: (i) Problems common to the State educational agencies of all of the States; or (ii) problems common to the State agencies of several of the States.

(2) Each application complies with and conforms to applicable provisions of the Act and regulations in this part, and such conditions and procedures as the Commissioner may require to carry out his functions under section 505 of the Act.

Sec.

121.4 Parental involvement and dissemination.

121.5 Multi-year programs and projects.

AUTHORITY: Secs. 601-605, Pub. L. 91-230, 84 Stat. 175, 177 (20 U.S.C. 1401-1404), unless otherwise noted.

SOURCE: 40 FR 7411, Feb. 20, 1975, unless otherwise noted.

§ 121.1 Scope.

Except as otherwise provided in this part, the provisions contained in this part apply to all programs authorized under the Education of the Handicapped Act (Pub. L. 91-230, Title VI).

(20 U.S.C. 1401)

§ 121.2 Definitions.

As used in Parts 121 through 121j, inclusive, of this chapter: "Act" means the Education of the Handicapped Act (Title VI of Pub. L. 91-230).

(20 U.S.C. 1401)

"Children with specific learning disabilities" means those children who have a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which disorder may manifest itself in imperfect ability to listen, think, speak, read, write, spell, or do mathematic calculations. Such disorders include such conditions as perceptual handicaps, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. Such term does not include children who have learning problems which are primarily the result of visual, hearing, or motor handicaps, of mental retardation, of emotional disturbance, or of environmental disadvantage.

(20 U.S.C. 1401(15))

"Construction" means:

(a) Erection of new or expansion of existing structures, including the acquisition and installation of equipment therefor; or

(b) Acquisition of existing structures not owned by any agency or institution making application for assistance under the Act; or

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