not otherwise compensated for their time while participating.

(2)(i) Payments to non-educational participants may be made at rates not lower than the current Federal minimum wage rate nor higher than the rate set forth for educational personnel in paragraph (c)(2)(ii) of this section.

(ii) Except as provided under paragraph (c)(2)(iii) of this section, payments to educational personnel under this paragraph would be at the rate of $30 for each full day of participation up to $150 a week. For partial days involving less than 5 hours of attendance, the payments for this attendance would be at the rate of $6 per hour, subject to the weekly limit of $150.

(iii) Where participating educational personnel are ordinarily paid for their work at a salary scale determined by a collective bargaining agreement in which the minimum hourly rate for any individual is more than $6 per hour, the individual would be compensated at the minimum hourly rate provided for under the collective bargaining agreement.

(3) Where a local educational agency or other educational agency or institution compensates teachers or other educational personnel whom it employs for their time in receiving training or participating in other activities under this paragraph and must also hire a substitute for the participant during the time of that participation, reimbursement may be made under the grant or contract which includes the component to the local educational agency or other educational agency or institution for the costs of hiring the substitute.

(4) No travel or dependency allowances will be paid for participation in any component under this paragraph.

(5) Participants in any short-term training may receive payments at the same rates as set forth in paragraph (c)(2) of this section.

(6) Provision for payments described in this paragraph will be included in grant award documents or contracts at the discretion of the Commissioner, and only when the applicant requests these payments and justifies that the

payments to the specific classes or groups of recipients to participate in the validation or training are necessary to carry out the program objective.

(d) Indirect costs. (1) Except as provided in paragraphs (c)(2) and (3) of this section indirect costs will be allowed under projects funded under this part in accordance with the applicable indirect cost rate allowances set out in Appendices B through D of Subchapter A of this chapter.

(2) Indirect costs for training grants will be allowed at the lesser of:

(i) The level of indirect costs, determined under paragraph (d)(1) of this section; or

(ii) In grants where the Commissioner approves payments for stipends and dependency allowances under paragraph (b)(1)(ii) of this section, eight percent of the total direct costs, including stipends and dependency allowances.

(3) Indirect costs shall not be allowed under grants to individuals under this part.

Sec.

160g.26 Criteria for approval of applications.

AUTHORITY: Sec. 409 of Pub. L. 93-380 (20 U.S.C. 1867); unless otherwise noted.

SOURCE: 41 FR 17391, Apr. 26, 1976, unless otherwise noted.

Subpart A-General

§ 160g.1 Scope and purpose.

(a) This part:

(1) Governs the award of grants to encourage and assist State and local educational agencies to establish and conduct programs in which the arts are an integral part of elementary and secondary school programs;

(2) Establishes criteria for the programs eligible for assistance; and

(3) Establishes procedures for applications for grants.

(b) Subchapter A and Part 160 of this chapter set forth fiscal, administrative, property management, and other matters applicable this part.

(c) This part applies to projects assisted with funds either appropriated pursuant to Section 409 of Pub. L. 93380 or made available for that purpose pursuant to the Special Projects Act, as enacted by Section 402 of Pub. L. 93-380.

(20 U.S.C. 1867)

§ 160g.2 Definitions.

Unless otherwise required by the context, the following definitions apply in this part:

"Act" means Section 409 of Pub. L. 93-380 (20 U.S.C. 1867);

"Alliance for Arts Education" means the joint program carried out by the Kennedy Center and the U.S. Office of Education to develop programs in the arts for children and youth which are designed for their participation, education, and recreation, under Pub. L. 85-874, as amended.

(20 U.S.C. 1867; Pub. L. 85-874)

"Alliance for Arts Education National Committee" means the committee appointed by the Board of the Kennedy Center to serve as the principal policy and advisory body to the Board for the Alliance for Arts Education Program.

(20 U.S.C. 1867)

"Arts" includes, but is not limited to, music, dance, drama, folk art, creative writing, architecture and allied fields, visual arts (including painting, sculpture, photography, graphic arts, and craft arts), industrial design, costume and fashion design, motion pictures, television, radio, tape and sound recording, the arts related to the presentation, performance, execution, and exhibition of those arts, and the study and application of the arts to the human environment.

(20 U.S.C. 1867, 952(b) (Pub. L. 89-209))

"Arts education program” means a program in which arts are an integral part of elementary and secondary school curricula and which complies with § 160g.3.

(20 U.S.C. 1867)

"Handicapped children" means children who need special education and related services because they are mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or otherwise health impaired, or have specific learning disabilities.

(20 U.S.C. 1401, 1867)

"Kennedy Center" means the John F. Kennedy Center for the Performing Arts.

(20 U.S.C. 1867)

"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 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. 1867; 20 U.S.C. 881(f))

"State Alliance for Arts Education Committee” means a committee at the

State level, established under the Alliance for Arts Education Program, consisting of members broadly representative of the fields of education and the arts, including but not limited to, arts organizations (such as State Arts Councils) and arts education (such as the National Art Education Association, the Music Educators National Conference, the American Theatre Association, and the National Dance Association), artists, teachers, and administrators in the arts.

(20 U.S.C. 1867)

"State educational agency" means the State board of education or other agency or officer primarily responsible for State supervision of public elementary and secondary schools, or if there is no such agency or officer, an agency or officer designated by the Governor or by State law for that purpose. (20 U.S.C. 1867; 20 U.S.C. 881(k))

§ 160g.3 Eligibility for grants; required elements for program.

(a) The Commissioner may make grants to State and local educational agencies to aid and encourage them to establish, conduct, improve, or provide developmental and technical assistance for, arts education programs in elementary and secondary schools.

(b) An arts education program with respect to which a State or local educational agency proposes a project must meet, or be designed to meet, the elements listed in paragraph (c) of this section. (An agency may apply for a grant to assist in establishing an arts education program not yet in operation).

(c) Each arts education program for which an application for a grant is made must be designed to:

(1) Encourage the development, in students, of an aesthetic awareness in the arts;

(2) Foster self-actualization and the development of communicative skills through movement, sound, visual images, and verbal usage;

(3) Involve each student in each school covered by the application in enjoyment, understanding, creation, and evaluation of, and participation in, the arts;

(4) Address the spectrum of art forms, including at least dance, music, drama, and the visual arts;

(5) Integrate these art forms into the regular educational program as distinguished from treating them on an extracurricular or peripheral basis; and

(6) Infuse the arts into the curriculum to enhance and improve the quality and quantity of aesthetic education offered and to expand the use of the arts for cognitive and affective learning experience.

(20 U.S.C. 1867)

§ 160g.4 Project duration.

(a) Each grant is for a period of up to one year.

(b) If an applicant seeks a grant for an additional period, it must submit a new application to be evaluated in competition with all other applications.

(20 U.S.C. 1221e-3(a), 1867)

§ 160g.5 Initial funding.

(a) It is anticipated that one-third of the funds available for grants will be reserved for local educational agency programs under Subpart B and twothirds for State educational agency programs under Subpart C.

(b) It is anticipated that, for fiscal year 1976, grants will range from $5,000 to $10,000. However, this paragraph does not limit the amount of funds which may be awarded to a particular applicant.

(20 U.S.C. 1867)

§ 160g.6 Costs.

(a) For the purpose of this Part, costs will be determined as provided in Appendix B to Subchapter A of this Chapter, subject to the restrictions in paragraph (b) of this section.

(b) The following costs are not allowable:

(1) Salaries for regular instructional services and expenses incidental thereto;

(2) Equipment costs and expenses incidental thereto; and

(3) Costs of facility construction. (20 U.S.C. 1867)

§ 160g.7 Role of the Kennedy Center.

(a) Resources of the Kennedy Center, such as technical and staff assistance (including assistance with respect to project evaluations), training, and information on the arts may be provided to grant recipients at State and local sites, and at the Kennedy Center.

(b) The Kennedy Center will assist in the review of applications for grants and make recommendations to the Commissioner regarding them.

(c) For the purposes of this section, the Kennedy Center may use such instrumentalities or resources of the Center as it considers appropriate (including the Alliance for Arts Education National Committee).

(20 U.S.C. 1867)

Subpart B-Local Educational Agencies

§ 160g.11 Applicability.

This subpart applies to applications from and grants to local educational agencies under §§ 160g.14 and 160g.3.

§ 160g.12 Project areas.

(a) An application for a grant may be for a project relating to an arts education program to be carried out:

(1) By a single local educational agency, in one or more elementary or secondary schools in its school district;

or

(2) By more than one local educational agency, applying jointly, in more than one elementary or secondary school in the applicants' school districts, or in a single school in one district.

(b) Each arts education program that does not involve all of the schools of the applicant must be a pilot program designed to be replicated in other schools of the applicant.

§ 160g.13 Examples of projects.

The following are examples of projects for which grants may be made, when specifically related to an arts education program.

(a) Inservice training for administrators, regular classroom teachers, and special arts teachers;

(b) The use of arts resource personnel for conducting an arts education program;

(c) The use of visiting artists and consultants as part of an arts education program;

(d) Special arrangements for the continuing use of arts institutions and other community resources, including museums, performing arts organizations, and art centers;

(e) Employment of a director, administrator, or coordinator;

(f) Curriculum development to infuse the arts into the total school environment;

(g) Providing any of the following developmental and technical assistance activities:

(1) Technical assistance by consultants;

(2) Assessment of needs for arts education programs;

(3) Surveys of arts resources which might be available for those programs; (4) Planning;

(5) Training of administrators, staff, and community representatives with responsibility for planning and organizing those programs;

(6) Evaluation of those programs;

and

(7) Information for those programs. (20 U.S.C. 1867)

§ 160g.14 Application requirements.

The Commissioner may not make a grant unless the local educational agency submits an application containing:

(a) A description of the school or schools in which the arts education program to be assisted will be carried out, including the educational program and any arts activities which are a part of that program;

(b) A brief description of the school system of which the school or schools covered by the application are a part; (c) A plan to integrate the art forms (including at least dance, music, drama, and the visual arts) into the regular educational program in the schools to be assisted through the establishment of an arts education program;

90-215 O- 78 - 11

(d) A description of how the activities proposed under the project relate to the plan described in paragraph (c) of this section;

(e) A description of how the plan relates to the State plan for arts education, if any;

(f) An explanation of the applicant's need for Federal assistance to carry out the project;

(g) A brief description of the involvement (on an advisory basis) of arts resources, in the area to be served by the project, in preparing the application, including, but not limited to, any recognized arts committees such as those established under the Alliance for Arts Education Program and other arts education programs;

(h) Provision for establishing an advisory committee, if the grant is made, which will be involved in developing and carrying out the project, to be composed of persons broadly representative of arts resources in the area to be served, including such persons as representatives of:

(1) The State educational agency (arts specialist or administrator);

(2) The local educational agency (administrator or teacher);

(3) The State arts agency (executive director or chairperson);

(4) The local arts agency (executive director, president, or artistic director);

(5) Professional arts education associations (such as the Music Educators National Conference, the National Art Education Association, the American Theatre Association, and the National Dance Association);

(6) Artists (professional or in training);

(7) Parents of children who will be served by the project; and

(8) Students who will be so served.

(i) A brief statement of how the project is designed to prevent supplanting or duplicating other activities and services in the area to be served by the project.

(20 U.S.C. 1231d, 1867)

§ 160g.15 State review of applications.

(a) The Commissioner may not approve an application unless the State educational agency, in consultation with the State Alliance for Arts Edu

cation Committee, if any, has had an opportunity to review and comment on the application.

(b) The local educational agency shall send a copy of its application to the State educational agency at the same time it sends the application to the Commissioner. The application must show that a copy of it was sent to the State agency.

(c) The State educational agency and the State Alliance for Arts Education Committee have 30 days after date of receipt of the copy of the application in which to review it. If the State agency does not send comments on the application to the Commissioner within that period, it is considered to have waived the right to comment. (20 U.S.C. 1867)

§ 160g.16 Criteria for approval of applications.

In determining whether to approve an application, and the amount of the grant, the Commissioner, in consultation with the Kennedy Center, shall consider the following, with the maximum number of points to be given each item as indicated:

(a) (10 points). The criteria in § 100a.26(b) of this chapter;

(b) (15 points). The degree to which the arts education program covered by the application meets (or will meet if assisted) the program elements in § 160g.3;

(c) (10 points). The degree to which the project promises to enhance substantially the quality and scope of arts education programs in the schools covered by the application;

(d) (10 points). The applicant's need for Federal assistance for the project;

(e) (10 points). The likelihood that the applicant will continue the program and expand it to other schools after the Federal assistance ends, as measured by:

(1) Evidence of the applicant's financial and other commitment (including that of its policy-making board); and

(2) The extent of the involvement of all school personnel.

(f) (10 points). The extent to which the project is designed to build the capacity of the applicant to plan and carry out the project so that arts edu