"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.

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

(20 U.S.C. 1851-53)

§ 160.4 Types of projects.

(a) Section 4(b) of the Act provides that not less than 50 percent of the funds appropriated pursuant to the Act shall be reserved for the following priority programs:

(1) The metric education program authorized by section 403 of Pub. L. 93-380, as described in Part 160a of this chapter;

(2) The program for education of gifted and talented children authorized by section 404 of Pub. L. 93-380, as described in Part 160b of this chapter;

(3) The community education program authorized by section 405 of Pub. L. 93-380, as described in Part 160c of this chapter;

(4) The career education program authorized by section 406 of Pub. L. 93-380, as described in Part 160d of this chapter;

(5) The consumers' education proam authorized by section 811 of the

Elementary and Secondary Education Act of 1965, as amended, as described in Part 160e of this chapter;

(6) The women's educational equity program authorized by section 408 of Pub. L. 93-380, as described in Part 160f of this chapter; and

(7) The arts in education program authorized by section 409 of Pub. L. 93-380, as described in Part 160g of this chapter.

(b) Funds reserved pursuant to paragraph (a) of this section will be apportioned for each priority program in paragraphs (a) (1) through (7) of this section in the same ratio as the total amount authorized for sections 403, 404, 405, 406, 408 and 409 of Pub. L. 93-380 and section 811 of the Elementary and Secondary Education Act of 1965 as amended, bears to the individual amount authorized for each program in those sections except that not less than $750,000 of the funds reserved pursuant to paragraph (a) of this section will be available for purposes of the program of arts education described in paragraph (a)(7) of this section.

(c)(1) Funds appropriated to carry out the Act which are not reserved pursuant to paragraph (a) of this section will be available for activities described in the appendix to this part.

(2) It is expected that the funding activities described in the appendix to this part will be modified from time to time (with appropriate amendments to the appendix to this part) in accordance with spending plans prepared by the Commissioner pursuant to section 4(b)(1) of the Act.

(20 U.S.C. 1851-53, 1861-67, 887d; Sen. Rep. No. 1026, 93rd Cong., 2d Sess., 172 (1974))

§ 160.5 Use of grants or contracts.

(a) With respect to funds which are reserved for priority programs pursuant to § 160.4(a), the Commissioner will select between grant and contract procedures and instruments in accordance with the provisions of Parts 160a through 160g of this chapter, as applicable.

(b) With respect to funds appropriated to carry out the Act which are not reserved pursuant to § 160.4(a), the Commissioner will utilize contract

procedures and instruments, subject

to:

(1) The restriction that unsolicited proposals for contract awards will not be accepted and

(2) Any requirements and criteria described in the appendix to this part.

(c) Contracts under paragraph (b) of this section may be made by the Commissioner with public and private agencies, organizations, associations, institutions, and individuals.

(20 U.S.C. 1851-53, 1861-67, 887α)

APPENDIX

DISCRETIONARY ACTIVITIES

Funds appropriated to carry out the Special Projects Act which are not reserved pursuant to § 160.4(a) for priority programs will be expended for contracts to carry out the following activities:

I. Packaging and testing of successful educational approaches and products. 1. General. The purpose of this activity is to accelerate the replication of successful approaches and products developed and demonstrated in both formula and discretionary grant programs supported by the U.S. Commissioner of Education.

State departments of education, local school districts, and parent advisory councils have requested information from the Commissioner on successful programs for the teaching of children, particularly the disadvantaged. This activity is therefore designed to enable local educational agencies to replicate those practices and projects that have been developed with a Federal investment and which have been validated as successful.

Six distinct steps have been defined to accomplish the goals of this activity:

(1) The systematic search for and identification of effective projects supported by the Commissioner;

(2) Final validation of the apparent success of these projects or components based on learning outcome measures, such as student test scores, and input measures, such as the resource requirements, needed to achieve these measurable results;

(3) The physical accumulation of information on the validated approaches into "project information packages" which include descriptions of the management, instructional, and supplementary resources and strategies deemed essential for achieving success by developers at the original site;

(4) The trial replication of the approaches through the installation of each packaged model in several school sites;

(5) A final revision of the packages based on an evaluation of the replication effort at these school sites; and

(6) The development and implementation in conjunction with State educational agencies of a dissemination strategy whereby packaged programs which are successfully replicated will become available for wider distribution.

2. First set of packages. With funds made available in fiscal years 1974 and 1975 under other statutory authorizations, such as the Cooperative Research Act, six project information packages have been identified, validated, packaged, and field tested in a limited number of school districts. These packages focus on compensatory reading and math instructional programs for educationally disadvantaged children. With FY 1976 funds under the Special Projects Act, the six packages were revised on the basis of the field test results and are being disseminated. In addition, an evaluation of the dissemination process and implementation of the revised packages will be conducted.

3. Second set of packages. With FY 1975 Cooperative Research Act funds and funds under other statutory authorizations, a second set of ten effective projects will be identified, packaged, field tested, revised, and disseminated. Six of these involve successful educational approaches to teaching basic skills to educationally disadvantaged children; the other four involve successful bilingual education approaches to teaching children of limited English-speaking ability. 4. FY 1976 field tests. It is expected that several contracts will be awarded with FY 1976 funds available under this part to develop, carry out, and/or evaluate field tests of the first and second sets of project information packages described in paragraphs 2 and 3 above.

5. Technical assistance. It is expected that one contract will be awarded with FY 1976 funds under this part to provide technical assistance to school districts which will be involved in field testing the 10 project information packages described in paragraph 3 above.

6. Dissemination of packages. It is expected that up to eight contracts will be awarded for the dissemination of the project information packages described in paragraph 2 above.

II. Educational Television and Radio. 1. General. This activity is designed to carry out the development, production, evaluation, dissemination, and utilization of innovative educational television or radio programs designed (for broadcast and/or nonbroadcast uses) to help children, youths, or adults to learn.

2. Funding areas. (a) Activities will be carried out, and project awards will be made with funds available for this activity in FY 1976 in the following areas:

(i) Children's television programming, including, but not limited to, the planning, production, evaluation, dissemination (in

cluding public awareness activities), and utilization of the programs "Sesame Street" and "The Electric Company." "Utilization" as used in Part II of this appendix includes activities and materials designed to enhance and reinforce the effectiveness of programs as used in formal and informal educational settings, including the development and implementation of a series of strategies in specific community settings which tap the energy and concern of parents, teachers, and others for using television as a positive force in educational development; and

(ii) The development of educational programs for parents as participants in early childhood education.

(b) Priority areas for all funding pursuant to Part II of this appendix for fiscal years subsequent to FY 1976 will be periodically published in the FEDERAL REGISTER.

3. Funding requirements and criteria. Contract awards will be made in funding areas determined pursuant to paragraph 2 above in accordance with the following requirements and criteria, except to the extent modified in specific requests for proposals:

(a) Need for the programming. Competing proposals will be judged as to the need for the programming proposed and its potential for providing an effective educational service. In applying this criterion, the Commissioner will consider whether the proposal is directed towards subject matter areas or target audiences with respect to which successful educational television programming is lacking in either quantity or quality. In order not to invest limited Federal resources in efforts which are duplicative of existing programming.

(b) Educational impact. The proposed programming must have a high probability that a substantial percentage of the potential target audience will achieve the learning objectives. Programming of a purely entertainment nature not supported by specific educational objectives will not be considered for support.

(c) Applicability of subject matter to television or radio. Television or radio must efficiently and effectively contribute to education of the target audience in the chosen subject matter area.

(d) Successful models or designs. The project must involve successful models or designs adaptable and applicable to the television or radio presentation format.

(e) Cost per potential viewer. Because of large production costs, television or radio must reach a sizable audience to be cost effective. An analysis of cost per potential viewer or listener will be a factor in determining the acceptability of proposals.

(f) Potential for self-support. One goal for any program (or series of programs) supported under this activity must be the ability to sustain the programming effort

beyond the long term plans and efforts to develop financial independence, as outlined in the proposal, will receive special consideration. Project support will not be precluded, however, due to inability to predict long term self-sufficiency. Self-support mechanisms should be addressed by the proposal and consideration given to all alternatives, immediate and long term.

(g) Project scope. Projects must integrate development, production, formative evaluation, dissemination (including public awareness activities), and utilization planning. Production can then make full use of the results of development and formative evaluation while providing the framework for specific dissemination, utilization, and evaluation following the production phase.

III. Career Education. Contracts will be awarded to carry out activities authorized by Part 160d of this chapter and for developing information needs for career education for all children and assessing the status of career education programs and practices. Specific requirements and criteria will be developed to govern individual contract awards. It is expected that contracts will focus on areas in which it is determined, based on funding activities in prior fiscal years, that there is a special need for carefully focused career education activities. (20 U.S.C. 1851-53)

Sec.

160a.24 Applications.

160a.25 Funding criteria.

160a.26 Review of applications.

1608.27 Amount of grant or contract. 160a.28 State review of local educational agency applications.

160a.29 Allowable costs.

AUTHORITY: Secs. 1-4, Special Projects Act and secs. 402(b) and 403 of the Education Amendments of 1974, Pub. L. 93-380, 88 Stat. 544-547 (20 U.S.C. 1851-1853, 18611862).

SOURCE: 41 FR 16768, Apr. 21, 1976, unless otherwise noted.

Subpart A-General

§ 160a.1 Purpose.

The purpose of the Metric Education Program conducted pursuant to this part is to encourage educational agencies and institutions to prepare students to use the revised metric system of measurement (as opposed to the customary system used in the United States), with ease and facility as a part of the regular educational program as provided for in section 403 of the Education Amendments of 1974, Pub. L. 93-380, hereinafter called the "Act".

(20 U.S.C. 1862(a)(2))

§ 160a.2 Program objectives.

The objectives of the Metric Education Program under this part, more than one of which may be met by a single project, are as follows:

(a) To increase measurably the number of elementary and secondary school teachers and students (as well as parents and other adults) who are able to use the revised metric system;

(b) To provide for the development or further testing of promising metric education program models which possess potential for responding to the metric educational needs of students;

(c) To increase measurably the number of educational personnel who are qualified to teach the metric system of measurements through preservice or inservice education programs;

(d) To establish or increase interstate and/or interagency cooperation for the purposes of developing and expanding metric education programs;

(e) To develop and provide technical assistance to enhance and ensure the quality of teacher-learner experiences in metric education;

(f) To develop Statewide or multiState metric educational planning efforts designed to enhance or expand the metric education experience available to teachers, students, parents and other adults; and

(g) To support other public and private non-profit agencies, organizations, and institutions, in their efforts to develop and enhance the quality of the Metric Education Program for students at all levels.

(20 U.S.C. 1851-1862)

§ 160a.3 Definitions.

For the purpose of this part the following definitions shall apply:

"Academic year" means a period of time, usually eight (8) or nine (9) months, during which a full-time student would normally be expected to complete the equivalent of two semesters, two trimesters, three quarters or 900 clock hours of instruction.

"Accountability factors" means measurable activities which may be used to determine the degree of success of the program effort.

"Act" means section 403 of the Education Amendments of 1974, Pub. L. 93-380 (20 U.S.C. 1862) which authorizes the Metric Education Program.

"Customary system" means the system of measurement unit (yard, pound, second, degree Fahrenheit, and units derived from these) most commonly used in the United States, often referred to as the "English system" or the "U.S. system". This system is derived from but not identical to the Imperial system used in the United Kingdom and other English-speaking countries.

"Interdisciplinary" means the involvement of two or more academic disciplines, i.e., the involvement of disciplines other than mathematics and science alone.

candela (luminous intensity), as established in 1960 by the General Conference on Weights and Measures under the Treaty of the Meter. A seventh base unit, the mole (for amount of substance) is being considered as another (SI) base unit. The radian (plane angle) and the steradian (solid angle) are supplemental units of the system.

"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 is recognized in a State as administrative agencies for the State's 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.

(20 U.S.C. 1862)

"Metric Education Program" is the short or popular name for the Education for the Use of the Metric System of Measurement Program.

(20 U.S.C. 1862)

"Metric system" means the measurement system that commonly uses the meter for length, the kilogram for mass, the second for time, the degree Celsius (same as "Centigrade") for temperature, and units derived from these. This system has evolved over the years and the modernized version today is identified as the "International System of Units", which is abbreviated (SI).

"Performance oriented approaches" means educational approaches wherein students will be involved in a sequence of problem solving activities, the solutions to which will require the utilization of concrete examples.

"(SI)" is the abbreviation for the modernized metric system, otherwise known as the International System of Units (Le Systeme International d'Unites).

(20 U.S.C. 1862)

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

"Program impact potential" means the degree to which a program may be adopted, expanded and/or replicated by other educational entities.

(20 U.S.C. 1862)

§ 160a.4 General Provisions.

Assistance provided under this part is subject to applicable provisions contained in Subchapter A of this chapter, 45 CFR Parts 100, 100a, Appendices A-D (relating to fiscal, administrative, property management, and other matters), and to part 160 of this chapter. Procurement contracts awarded pursuant to this Part will be subject to 41 CFR Chapters 1 and 3. (20 U.S.C. 1862)

§ 160a.5 International System of Units.

The International System of Units published by the National Bureau of Standards of the Commerce Department in the FEDERAL REGISTER, for June 19, 1975, 40 FR 25837, shall be used by recipients of Federal assistance under the Act for purposes of implementing the program. All references to the Metric System in this part will mean the International System of Units as published and amended by the National Bureau of Standards.

(20 U.S.C. 1862(a)(3))

Subpart B-Eligible Applicants; Authorized Activities; Duration of Projects

§ 160a.11 Applicant eligibility.

The Commissioner may make grants to and contracts with institutions of higher education, State and local educational agencies, and other public and private non-profit organizations, institutions and agencies, to develop and carry out the policy set forth in the Act.

(20 U.S.C. 1862(b)(2))