(20 U.S.C. 1221e-3(a)(1)) [45 FR 22534, Apr. 3, 1980]

§ 133.5 Eligible parties.

A grantee or contractor eligible for a research and demonstration project under this part is an institution of higher education or other public or private agency, institution, or organization, provided that no private agency, organization, or institution other than a nonprofit one may receive a grant.

(20 U.S.C. 1034)

§ 133.6 [Reserved]

§ 133.7 Special consideration.

Special consideration will be given to proposals dealing with:

(a) Libraries and information science. (1) Activities which are designed to bring together the total information, educational, and cultural resources of communities and organizations into new and effective patterns of service with emphasis on special target groups such as the underemployed, undereducated, culturally or geographically isolated groups, and others who have been unserved or minimally served in the past.

(2) Activities which center on more efficient use of resources and fulfillment of comprehensive information needs of the users.

(3) Studies assessing the need for the types of activities described in paragraphs (a) (1) and (2) of this section.

(4) Studies for the development of new techniques and technological innovations and services and new applications of existing ones for activities of the types described in paragraphs (a)(1) and (2) of this section. (b) Training of library personnel. Investigation of training needs and design of training programs, which can be conducted to support the activities outlined in paragraphs (a) (1) and (2) of this section.

(c) Criteria. Appendix A to this part sets forth the criteria to be used in approving applications for grants and contracts under this part.

(20 U.S.C. 1034)

§ 133.8 Types of activities supported.

Any one or more of the elements of research and demonstration as defined in § 133.3 may be supported under this part to the extent of available funds. (20 U.S.C. 1034)

APPENDIX A-CRITERIA FOR APPROVING APPLICATIONS

(a) Initial applications. In approving applications for new projects, the Commissioner will use the following criteria and maximum weights in connection with the special consideration described in § 133.7. These criteria are consistent with and take the place of the criteria specified in 45 CFR 100a.26. (1) Significance, impact and relevance. The proposed project promises to contribute to the solution of an important library problem, the improvement of operations or services in a significant number of libraries, or the fulfillment of unmet informational, cultural or educational needs; the relevance of the project to special consideration as reflected in the program regulations; and the reasonableness with regard to cost in relation to anticipated results. (20 points)

(2) Problem and needs assessment. The proposal identifies and demonstrates by objective evidence the nature and magnitude of the needs to be addressed by the proposed program, the degree of the applicant's demonstrated knowledge of previous successes and failures with the same or similar programs, and the ability to accommodate them. (5 points)

(3) Statement of objectives. Objectives of the proposed project are sharply defined, clearly stated, capable of being attained by the proposed procedures and are capable of being measured. Kinds and nature of output products to meet these objectives are clearly specified and have high potential effectiveness in meeting the objectives. (10 points)

(4) Activities and scheduling. Activities included in the proposed program promise of themselves to result in the attainment of the applicant's stated objectives and are so scheduled as to result in that attainment in an efficient manner. (10 points)

(5) Resources and resource management. The application indicates that the project will be operated with adequate resources and effective management. Consideration will be given to the following factors:

(i) Key personnel with adequate qualifications and experience-(20 of 35 points);

(ii) Coordination with and maximum utilization of existing library resources-(3 of 35 points);

(iii) Appropriate utilization of specialists, consultants, community advisory boards,

project advisory boards, and paraprofessionals where necessary—(3 of 35 points);

(iv) A realistic and sufficient budget that corresponds to the statement of work or activities to be performed-(3 of 35 points);

(v) A budget that minimizes or excludes purchase of books, equipment, and printing and in general does not provide for operational money except as necessary to support the proposed project-(4 of 35 points); (vi) Existing facilities that are adequate for the project-(2 of 35 points).

(6) Evaluation. Applicant provides for objective quantifiable measurement of the success of proposed program in attaining the stated objectives. Consideration will be given to the following factors:

(i) A statement of criteria by which attainment of objectives is to be measured;

(ii) Description of the instruments to be used to collect data or method of selecting existing instruments;

(iii) An assessment of the validity of such instruments;

(iv) Schedule for collection of data and description of method to be used to review the program; and

(v) Provision for comparison of evaluation results, norms, control group or performance results of other programs or other external standards. (5 points)

(7) Dissemination. The proposal contains provisions which promise to result in adequate dissemination of the results of the proposed program and will make outputs available through commercial publications, published articles, conference papers, audiovisual presentations or in other ways as appropriate. (5 points)

(8) Continuity and replication of project. The proposed program is designed in a manner to insure the continuity of the project or parts of it at the site selected or its replication at other sites as well as strength of commitment to continuity and where appropriate replication at other sites in supporting letters and documents. (10 points) (20 U.S.C. 1031, 1034)

(b) Continuation of assistance. In approving applications for assistance to continue programs already funded under this part during the fiscal year for which assistance is sought, the Commissioner will apply (in addition to the criteria set forth in 45 CFR 100a.26(b)) the following criteria:

(1) Program results. The extent to which: (i) The applicant demonstrates, by technical and evaluation reports, products, and other objective evidence, that the program proposed to be continued has been successful in meeting stated objectives and identified needs; and

(ii) Such program has been modified as may be required so as to increase the likelihood of success in meeting such needs.

(2) Adoption by others. The extent to which services, techniques, and new knowledge resulting from activities assisted under this part in prior fiscal years have been adopted by others.

(3) Other educational criteria. The extent to which the proposed activities satisfy the criteria set forth in paragraph (a) "initial applications."

(c) Priority. In approving applications for assistance under this part, the Commissioner will give priority to the applications described in paragraph (b) of this section. "Continuation of assistance", for continuation of projects within their previously established project periods.

(20 U.S.C. 1031-1034)
[41 FR 5393, Feb. 6, 1976]

Materials and

(a) Instructional School Library Resources (Part B). The basic purpose of Part B is to assist local educational agencies (LEAS) in the acquisition of necessary books, educational materials, library re

sources, and instructional equipment. (b) Improvement in Local Educational Practice (Part C). The basic purpose of Part C is to strengthen the quality of elementary and secondary education through support of locally initiated projects and activities designed to improve educational practices.

(c) Guidance, Counseling, and Testing (Part D). The basic purpose of Part D is to strengthen and expand guidance, counseling, and testing programs in elementary and secondary schools.

(Sec. 401 of the Act; 20 U.S.C. 3081)

§ 134.2 Eligibility.

Title IV is a State-administered program to benefit public and private elementary and secondary school children. A State may apply for funds under Title IV by submitting to the Commissioner a plan describing its programs for Parts B, C, and D. Following approval of the plan, the Commissioner awards grants for these programs to the State educational agency (SEA). The SEA then awards subgrants to an LEA-or groups of LEASfor these programs on the basis of

written project applications submitted to the SEA. The Department of the Interior may apply for title IV funds for children and teachers in elementary and secondary schools it operates for Indian children. The Department of Defense may apply for Title IV funds for children and teachers in schools it operates for overseas dependents.

(Sections 403 and 404 of the Act; 20 U.S.C. 3083 and 3084)

§ 134.3 Regulations that apply to title IV. (a) The following regulations apply to the title IV program—

(1) The Education Division General Administrative Regulations (EDGAR) in 45 CFR Part 100b (State-administered Programs), except §§ 100b.650100b.662 (Participation of Students Enrolled in Private Schools);

(2) EDGAR 45 CFR Part 100c, (Definitions);

(3) The regulations in this part.

(b) If an SEA administers title IV under the provision of Title V, Part A of the Elementary and Secondary Education Act (ESEA), the regulations in 45 CFR Part 120 also apply. (Sec. 401 of the Act; 20 U.S.C. 3081)

§ 134.4 Definitions as used in this part. "Academic subjects" means, but is not limited to, the following elementary and secondary school subjects: The arts, civics, economics, English, geography, history, the humanities, industrial arts, mathematics, foreign languages, reading, and science.

(Sec. 421 of the Act; 20 U.S.C. 3101)

"Act" means Title IV of the Elementary and Secondary Education Act of 1965, as amended by the Education Amendments of 1978 (Pub. L. 95-561) and Technical Amendments Related to the Education Amendments of 1978 (Pub. L. 96-46).

(Sec. 401 of the Act; 20 U.S.C. 3081)

and who because of those impairments need special education and related services. The specific terms used in this definition are defined in 45 CFR 121a.5.

(Sec. 432(c) of the Act; 20 U.S.C. 3112(c)) "Instructional equipment” means equipment that is appropriate for use in providing education in academic subjects in elementary and secondary schools and that is used to teach or learn an academic subject. The eligibility of instructional equipment is determined by its intended use and its direct relationship to instruction in an academic subject. Depending upon use, typical examples of instructional equipment include(a) Laboratory other special equipment that contributes directly to the objectives of an instructional program;

or

(b) Electronic or mechanical audiovisual equipment, such as audio and computer devices and TV monitors;

(c) Equipment for the storage and protection of instructional materials and equipment; and

(d) Equipment for the maintenance and repair of audiovisual materials.

The term does not include general purpose classroom or library furniture, shelving, stoves, refrigerators, teacher seats, equipment for staff offices, physical education equipment, or other equipment not directly related to instruction in academic subjects. The term, however, does include musical instruments if used for instructional purposes in music classes in the school's regular instructional program. (Sec. 421 of the Act; 20 U.S.C. 3101)

"Instructional materials" means school library resources, textbooks, realia, raw materials for the preparation of instructional resources, and all printed and published materials that are suitable for providing instruction in elementary and secondary schools. Instructional materials are, with reasonable care, expected to last more than one year. The term does not include furniture, supplies consumed in the instructional process (e.g., paper, pencils, chalk, chemicals), or instructional equipment.

(Sec. 401 of the Act; 20 U.S.C. 3101)

"Insular area" means Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. (Sec. 421 of the Act; 20 U.S.C. 3081)

"Part B" means the Instructional Materials and School Library Resources Program.

(Sec. 421 of the Act; 20 U.S.C. 3101)

"Part C" means the Improvement in Local Educational Practice Program. (Sec. 431 of the Act; 20 U.S.C. 3111) "Part D" means the Guidance, Counseling, and Testing Program. (Sec. 441 of the Act; 20 U.S.C. 3121)

"Preceding fiscal year" means the twelve-month fiscal period most commonly used in the State for official reporting purposes prior to the beginning of the Federal fiscal year for which funds are available.

(Sec. 404(a)(7) of the Act; 20 U.S.C. 3084(a)(7))

"Private school" means a nonprofit elementary or secondary school that is operated or controlled by an agency, organization, or institution that is not under Federal or public supervision or control.

(Sec. 406(a)(1) of the Act; 20 U.S.C. 3086(a)(1))

"Realia" means artifacts, dioramas, games, models, and educational toys. (Sec. 401 of the Act; 20 U.S.C. 3081(a)(1))

"School library resources" means printed and published materials that are cataloged or organized for the instructional use of elementary and secondary school children and teachers. The term includes books, periodicals, documents, pamphlets, reproductions, pictorial or graphic works, musical scores, maps, charts, globes, sound recordings, processed slides, transparencies, films, filmstrips, video tapes, or any other printed or audiovisual materials of a similar nature available now or in the future.

(Sec. 421(1) of the Act; 20 U.S.C. 3101(1)) "Second preceding fiscal year" means the second twelve-month fiscal

period most commonly used in a State for official reporting purposes prior to the Federal fiscal year for which funds are available.

(Sec. 404(a)(7) of the Act; 20 U.S.C. 3084(a)(7))

"Strengthening State Educational Agency (SEA) Management" refers to the program authorized by title V, part B of the Act.

(Sec. 521 of title V of the Act; 20 U.S.C. 3161)

"Testing" means the use of tests to measure abilities, educational achievements, interests, or aptitudes pertaining to an individual's educational or career development.

(Sec. 441(a) of the Act; 20 U.S.C. 3121(a))

"Textbook" means a book, reusable workbook, or manual, whether bound or in looseleaf form, intended for use as a principal source of study material for a given class or group of students, a copy of which is expected to be available for the individual use of each student in the class or group.

(Sec. 421(1) of the Act; 20 U.S.C. 3101(1))

[45 FR 23603, Apr. 7, 1980, as amended at 45 FR 58363, Sept. 3, 1980]

EFFECTIVE DATE NOTE: At 45 FR 58363, Sept. 3, 1980, in § 134.4, the final paragraph of the definition "Instructional equipment" was revised, pending congressional review. For the convenience of the user, the superseded text is set forth as follows:

§ 134.4 Definitions as used in this part.

The term does not include general purpose classroom or library furniture, shelving, stoves, refrigerators, bleacher seats, equipment for staff offices, or other equipment not directly related to instruction in academic subjects. The term, however, does include musical instruments and physical education equipment if used for instructional purposes in music or physical education classes in the school's regular instructional program.

(Sec. 421 of the Act; 20 U.S.C. 3101)