gaining agreement in which the minimum hourly rate for the individual is more than $6.00 per hour, the individual would be eligible for a stipend at the minimum hourly rate provided under the collective bargaining agreement;

(iii) Where a local educational agency or other public educational agency compensates teachers or other educational personnel whom it employs for their time in receiving training under this subparagraph and must hire a substitute for a participant in the training during the time of such participation, reimbursement may be made in accordance with law under the grant to such agency in the amount required to hire the substitute;

(iv) Up to fifty percent of travel costs will be paid for participation in any training component under this subparagraph.

(c) Graduate training of leadership personnel. (1) Grants which support training in the education of the gifted and talented leading to a graduate degree or beyond as provided for in subpart E may include provisions for (i) payment to the grantee of the incremental costs of planning organizing, staffing, and conducting such courses, seminars, and practicums during their preparation and first year operation, and (ii) partial tuition and fees of participants on a credit hour basis, and (2) payment to participants of stipends and dependency allowances as the Commissioner may determine to be consistent with prevailing practices under comparable Federal programs providing fellowship support.

or

(d) Internships. Where a grant to an institution of higher education other appropriate non-profit institution or agency, or a consortium thereof, relates to a project or program involving internships for the participants with State or local public agencies, Federal agencies, or institutions, provision may be made to include an amount for the internship in the grant at the entering rate for professionals in the agency to which the intern is to be assigned. The application must contain sufficient information and justification to satisfy the Commissioner that such payment would contribute

substantially to the realization of the project objective. The amount of the internship shall be limited to the equivalent of entering salary.

(e) Indirect costs. (1) Except as provided in paragraph (e)(2) of this section, indirect costs will be allowed under projects funded under this part in accordance with the indirect cost rate allowances set out in the Appendices to subchapter A of this chapter;

(2) Indirect cost rates for educational training grants will be awarded at;

(i) The actual level of indirect costs as determined under clause (1) of this subparagraph, or

(ii) The rate of eight percent of total direct costs, including stipends and dependency allowances, whichever is the lesser.

(FMC 73-8 and FMC 74-4; 20 U.S.C. 1863, 1231(c)(b); 1232c(b)(2))

Subpart B-Information Services

§ 160b.11 Information development and

dissemination.

(a) General. The Commissioner shall enter into contracts with one or more public or private agencies or organizations to develop and disseminate information to the public pertaining to the education of gifted and talented children and youth.

(b) Activities. Development of such information includes, but is not limited to:

(1) Collection of available data on identification of the gifted and talent

ed;

(2) Analyses of existing methodologies and new discoveries in the continuing educational needs of the gifted and talented;

(3) Information on current and developing training opportunities for teachers of the gifted and talented and for leadership personnel in this area; and

(4) Any other information considered relevant to the education and development of gifted and talented children and youth.

(c) Dissemination methods. Such project(s) shall provide for the preparation and dissemination of information by the most appropriate means available, including publication or any

90-215 78 - 7

other appropriate medium of dissemination.

(d) Targeting. In soliciting proposals under this Subpart, the Commissioner shall determine the target groups for dissemination activities, including but not limited to one or more of the following groups: Teachers, counselors, parents, administrators, school psychologists and gifted and talented students.

(20 U.S.C. 1863(b))

Subpart C-Assistance to State and Local Agencies for Planning, Development, Operation, and Improvement of Programs.

§ 160b.21 General.

(a) Scope. This subpart governs grants to State educational agencies and local educational agencies under subsection (c) of the Act to assist such agencies or any consortia thereof in the planning, development, operation, and improvement of programs or projects designed to meet the special educational and related needs of the gifted and talented at the preschool, elementary, and secondary school levels.

(20 U.S.C. 1863(c))

(b) Requirements. In addition to the requirements set forth in § 160b.3, an application for assistance under this subpart shall:

(1) Provide satisfactory assurance that funds paid to the applicant will be expended solely to plan, establish, and operate programs or projects

which:

(i) Are designed to identify and to meet the special educational and related needs of gifted and talented children; and

(ii) Are of sufficient size, scope and quality to make substantial progress toward meeting those needs;

(20 U.S.C. 1863(c)(2)(A)(i))

(2) Set forth such policies and procedures as are necessary for acquiring and disseminating information derived from educational research, demonstration and pilot projects, new educational practices and techniques, and the evaluation of the effectiveness of the

program or project in achieving its purpose;

(20 U.S.C. 1863(c)(2)(A)(ii))

(3) Provide satisfactory assurance that, to the extent consistent with the number of gifted and talented children in the area to be served by the applicant who are enrolled in nonpublic elementary and secondary schools, provision will be made for the participation of such children in accordance with § 160b.25 of this part;

(20 U.S.C. 1863(c)(2)(A)(iii))

(4) Set forth a sufficient description of the program or project for which assistance is sought to enable Commissioner to make all necessary determinations under this part in order to consider and evaluate the application in light of the applicable criteria in this part. Applicants are advised to organize their presentations with reference to such criteria and to explain how they believe the criteria relate to the proposed program or project. (20 U.S.C. 1863(c))

§ 160b.22 Grants to State Statewide activities.

agencies;

(a) General. Grants under this subpart may be made to State educational agencies or consortia thereof to assist them in planning, establishing, and operating programs or projects which are designed to have Statewide impact in identifying and meeting the special educational and related needs of the gifted and talented.

(b) Components. A State educational agency applying under this subpart may include in a single application components involving:

(1) A project encompassing Statewide activities as described in this subpart ("State grant");

(2) An inservice teacher training program described in subpart D (“training component"); and

(3) One or more local educational agency demonstration projects having Statewide impact ("local demonstration project component"). (Funds for such projects shall not supplant any State or local funds being expended by the local educational agency for the education of gifted and talented children and youth).

(c) Examples. The following list is illustrative (but not exhaustive) of the types of Statewide or cooperatively developed multi-State activities which may be assisted under this subpart:

(1) The provision by a State educational agency of developmental and technical assistance (through regional area service centers or other mechanisms) to assist specific local educational agencies in carrying out programs or projects to meet the special educational and related needs of the gifted and talented;

(2) A survey and assessment to meet these needs which currently exist in local educational agencies in the State;

(3) Determination of the need for particular programs and projects to meet these needs as a result of the survey and assessment;

(4) Development of a comprehensive plan for serving the gifted and talented in local educational agencies in the State;

(5) Provision for a State coordinator(s) or other official(s) with responsibility for development, improvement, coordination, and delivery of other State services with respect to programs for the gifted and talented in local educational agencies;

(6) Arrangements with local educational agencies to carry out demonstration projects at the local educational agency level which have Statewide or regional impact in meeting the special educational and related needs of the gifted and talented;

(7) Statewide competitive scholarships, or student internships for gifted and talented children to work with mentors;

(8) The development and implementation of an inservice training program for local educational personnel in the administration of appropriate and comprehensive methods for the identification and education of the gifted and talented and assessment of their needs (Subpart D, Training of Educators); and

(9) Other activities of a capacitybuilding nature designed to enhance the capacity of the State educational agency and local educational agencies in the State to meet the special educa

tional and related needs of the gifted and talented.

(d) State educational agencies. Applications for assistance under this part from State educational agencies must demonstrate that the Statewide activities for which assistance is requested under this subpart will be coordinated with any other activities to be carried out by the State educational agency under this part, including activities under subpart D (relating to training of teachers).

(e) Methods of operation. A State educational agency may carry out its functions under an approved application under this subpart directly or through local educational agencies. However, a State educational agency must maintain administrative direction and control with respect to any program or project for which it is receiving assistance under this subpart.

(f) Notice. It is anticipated that, for fiscal year 1976, funds will be available to support only a limited number of comprehensive Statewide programs under this subpart, and funds will be insufficient to support State educational agency projects in all States. Accordingly, only those programs or projects will be funded which meet the requirements of this part, and which are highly rated in accordance with the applicable criteria in comparison with all other State applications submitted. (20 U.S.C. 1863(c))

§ 160b.23 Grants to local educational agencies; locally based activities.

(a) General. (1) Grants to local educational agencies under this subpart will be made to assist such agencies in the establishment or improvement of exemplary programs and projects to meet the special educational and related needs of the gifted and talented at the preschool, elementary, and secondary school levels. It is anticipated that only a limited number of exemplary programs or projects under this section will be supported in the approximate range of $1,000 to $20,000 each. (A total of $250,000 of the amount available will be initially reserved for grants under this section).

(b) Priority. In the approval of applications and the award of grants under this section, priority will be

given to programs or projects (1) which the applicant demonstrates have a significant potential for replicability; or (2) which will best serve as a catalyst or stimulus for other programs, projects, or activities to meet the needs of the gifted and talented in areas, regions, or States lacking programs or services to meet these needs.

(20 U.S.C. 1863(c), Sen. Rept. No. 93-763, at 72 (1974))

(c) Requirements. In addition to the requirements of § 160b.3 and § 160b.21(b), applications for assistance under this subpart from a local educational agency must:

(1) Provide satisfactory assurance that the application has been submitted to the appropriate State educational agency for its review and recommendation no later than the time the application has been submitted to the Commissioner. Upon review, the State educational agency may submit to the Commissioner, within 30 days of its receipt of a copy of the application, such recommendations as it deems perti

nent.

(20 U.S.C. 1863(c)(2)(B))

(2) If the State has a comprehensive plan for the education of the gifted and talented, set forth a description of how the activities proposed to be carried out under the proposed program or project relate to the State plan;

(3) If assistance is made available under this project, provide satisfactory assurance that provision will be made for establishing an advisory committee composed of persons broadly representative of the community in the school district or otherwise to be served by the program or project, including persons representing agencies or other entities serving the needs of the gifted and talented, teachers, administrators, gifted students, nonpublic school representatives, and parents of gifted and talented children;

(20 U.S.C. 123(d))

(4) In the case of establishment of special classes for the gifted and talented for the purposes of the program or project, provide satisfactory assurance, that reassessment will be made of students participating in and those not participating in such classes from

time to time, in order periodically to redetermine such participation.

(d) Пlustrative activities. The following types of activities are illustrative of the types of activities which may be supported (in whole or in part) in connection with programs or projects assisted under this section:

(1) Exemplary programs involving comprehensive differentiated education or services to meet the special educational and related needs of the gifted and talented;

(2) Exemplary programs involving opportunity for study outside the classroom (including apprenticeships and mentorships);

(3) Exemplary programs of special counseling to meet the needs of the gifted and talented;

(4) The provision of postsecondary studies at the secondary school level;

(5) The establishment of special classes for gifted and talented children; and

(6) Exemplary programs for special target groups of gifted and talented such as preschool children, minority group children and economically disadvantaged.

(e) Allowable costs. (1) Allowable costs for a local exemplary project may not include other than incremental costs of establishing or operating the project (such as salaries for additional staff, and special equipment, the purchase and use of which is justified in the proposal).

(2) The cost of facilities, capital assets, and repairs which materially increase the value or useful life of capital assets shall be unallowable under this section.

(3) Where appropriate and justified, costs for an in-service training element for teachers involved in the project may be included in the proposal. (20 U.S.C. 1863(c))

§ 160b.24 Criteria for evaluation of applications.

In order to achieve the purposes set forth in the Act, the Commissioner, in determining whether to approve an application for a Federal grant and the amount of the grant pursuant to this subpart will consider, in addition to the general requirements in § 160b.3

the following factors, weighted according to the indicated points:

(a) All applications. (100 points) The general educational and programmatic criteria set forth in § 160b.6 of this part.

(b) State educational agency applications. (100 points) With respect to State educational agency applications: (1) (10 points)-The extent to which the Statewide or other activities under the application will be carried out pursuant to a comprehensive State plan for identifying and meeting the special educational and related needs of the gifted and talented;

(2) (20 points)-The likelihood that the activities to be carried out under the program or project will be sustained and expanded by the applicant following the expiration of Federal assistance, as measured by:

(i) Evidence of financial and other commitment of the applicant to the project, and

(ii) The extent to which the program or project is designed to build the capacity of the applicant to plan, develop, operate, improve or assist programs or projects to meet the special educational needs of the gifted and talented;

(3) (20 points)-Evidence of commitment by the State educational agency to further the Act's purposes in the State as reflected by such factors as the existing or planned organizational status within the State agency of personnel with administrative responsibilities related to the gifted and talented;

(4) (10 points)-The extent to which the proposed program or project responds to the needs of existing and planned programs for the gifted and talented in local educational agencies throughout the State for developmental and technical assistance from the State educational agency;

(5) (20 points)—In the case of State projects involving one or more local educational agency demonstration projects, the extent to which the proposed model project(s) is significantly and directly related to the provision of quality differentiated educational services and activities to the gifted and talented throughout the State (in evaluating his criterion, the criteria set forth in paragraph (c) below will

be used and given weight as follows: (1) (7 points); (2) (4 points); (3) (3 points); (4) (6 points)).

(6) (20 points) The comprehensiveness and quality of the in-service training of State educators component in the State application. In evaluating this factor, the criteria set forth in subpart D, § 160b.32 will be used.

(c) Local educational agency applications. With respect to local educational agency applications (100 points):

(1) (35 points)-The extent to which the proposed program or project, if successful, is of an exemplary design in order to stimulate the development of programs or projects to meet the special educational or related needs of the gifted and talented in school districts in addition to that of the applicant local educational agency as reflected by factors such as:

(i) The extent to which the program or project is capable of replication;

(ii) The extent to which the applicant has planned for providing developmental or technical assistance to non-applicant local educational agencies in the State with similar problems;

(iii) The relative cost effectiveness of the program or project as to development, replication, and utilization by others;

(iv) The extent to which the program or project holds promise of providing new and innovative approaches to meeting the special educational needs of gifted and talented children;

(2) (20 points)-The extent to which the applicant has developed, with the support of concerned parents and community members, fair, adequate, comprehensive, nondiscriminatory and multiple methods for identifying and selecting the gifted and talented children in the category to be included in the proposed program or project and assessing their educational needs and the means for meeting such needs.

(3) (15 points)-The extent to which the proposed program or project provides for the integration of, or mutual reinforcement between, programs to meet the special educational needs of the gifted and talented and the regular educational program of the local educational agency (taking into ac