lustrate the realization of project goals and objectives.

(20 U.S.C. 1862)

§ 160a.15 State and multi-State cooperative metric education planning.

(a) Grants or contracts provided under this category of the Metric Education Program shall support statewide educational program planning and development. Grantees or contractors shall focus on the evolution of a master plan for a statewide or cooperatively developed multi-State metric education program which emphasizes the acquisition of skills in the use of the metric system of measurement. Grantees and contractors may utilize educational television and the print media to accomplish the objectives of this section.

(b) Grantees and contractors, for purposes of short-term and long-range metric education planning, or to expand promising and effective programs currently underway, may enter into cooperative arrangements with other such eligible applicants to apply for funds under this section. (45 CFR 100a.19)

(c) When an application is submitted by several cooperating agencies, it may include a composite budget reflecting cost allocations for each of the several cooperating applicant agencies' proposed activities to be funded by the grant in an academic year.

(d) When the application is for a cooperative multi-State arrangement, one State shall be designated to serve as the fiscal agent for the planned multi-State cooperative metric education project but all shall be jointly and severally legally responsible for administering the project assisted under the metric education grant or contract.

(20 U.S.C. 1221c(b)(1), 1232c(b)(1))

(e) The project shall include a schedule of events designed to emphasize or illustrate the realization of stated project goals and objectives.

(f) The project shall provide detailed plans for developing a statewide (or multi-State) master plan for metric education with specific detailed implications for:

(1) Staff development;

(2) Interdisciplinary curriculum development;

(3) State teacher certification; (4) Textbook adaptation;

(5) Parent and adult metric education;

(6) Bilingual elements where essential for program success; and

(7) Other diverse learning styles.

(g) The application shall provide a descriptive statement of pending and existing State legislative or State educational policy developments with implications for metric education.

(h) Multi-State applications shall provide letters of commitment, signed by the appropriate official(s) from each of the cooperating States.

(20 U.S.C. 1862)

§ 160a.16 National metric education technical support.

(a) Description. Contracts awarded pursuant to this section shall support an effective national technical support program to serve State and cooperative multi-State metric education planning projects; school-based demonstration and pilot metric education planning projects, inservice and pre-service teacher development models for metric education; and to identify and dispatch metric education experts to agencies which are developing and implementing metric educational programs in response to stated needs; and where deemed appropriate, the development of mobile metric instructional laboratories. To ensure consistency of program thrust, orientation, modes of accountability, and to facilitate fiscal responsibility and effective services management, the technical assistance efforts will be national in scope. It is assumed, therefore, that a limited number of applications, possibly only one, will be funded for national metric education technical support.

(b) Requirements. Applicants for this type of grant or contract shall:

(1) Possess the capacity to provide technical assistance for program development, expansion, and implementation on a large scale;

(2) Assist in staff development;

(3) Possess a potential for directing media development;

(4) Assist in project evaluation and the evaluation of the overall metric education program; and

(5) Assist in all areas of curriculum and curriculum material adaptation for metric education.

(20 U.S.C. 1862)

§ 160a.17 Project duration.

(a) Awards made pursuant to this part will be for a project period of one academic year, or one fiscal year, unless otherwise specified in paragraph (b) of this section. If an award recipient seeks to receive assistance pursuant to this part for an additional academic year, or fiscal year, the recipient must submit a new application. The new application will be evaluated in competition with applications from other former award recipients as well as from applicants which have not previously received assistance under this part.

(b) The Commissioner may make an initial award for more than one academic year or fiscal year, for projects funded pursuant to § 160a.16, national metric education technical support, if the nature of the project is such that a multiyear award is justified. Decisions for renewed funding after the initial award period will be made on the basis of the extent to which the grantee or contractor has satisfactorily performed under the initial grant period and will be contingent upon (1) the availability of funds, (2) a determination by the Commissioner that such continuation would be in the best interest of the Government, and (3) execution of a revised notification of grant award acceptable to the Commissioner and the grantee or contractor.

(20 U.S.C. 1221e-3(a)(1), 1862)

Subpart C-Applications; Funding Criteria Costs; State Review

§ 160a.21 General requirements. Applications for metric education grants or contracts shall be submitted at such time, in such form, and containing such information as the Commissioner shall prescribe by notice in the FEDERAL REGISTER and shall be approved only if the application:

(a) Provides that the activities and services for which assistance is sought will be administered by, or under the supervision of, the applicant;

(b) Describes a program which holds promise of making a substantial contribution toward attaining the purposes of this part; and

(c) Sets forth such policies and procedures as will insure adequate evaluation of the activities intended to be carried out under the application.

(20 U.S.C. 1862(c)(1)(A)-(D))

§ 160a.22 General project description. The application shall describe:

(a) The design of the metric education program, its duration, purpose, and plan;

(b) The qualifications of the project director and of the key professional personnel who will be involved in the project;

(c) The facilities and resources that will be made available; and

(d) Categorical justification for the amount of Federal funds requested. (20 U.S.C. 1862)

§ 160a.23 Pre-application for participation in metric education. (a) The Commissioner may, by notice published in the FEDERAL REGISTER, require applicants eligible for a grant or contract under the Act to submit a preapplication for review prior to submitting a complete application under the provisions of 45 CFR 100a.15. Such preapplication, of no more than seven (7) pages, shall succinctly provide:

(1) A statement of the problems to which proposed program activities will respond;

(2) A description of target population to be served;

(3) Measurably stated short-term and long-range program objectives; (4) A description of anticipated cooperative arrangements;

(5) The anticipated budget request; (6) The signature of all duly authorized officials who will submit the final application on behalf of the agency;

(7) A brief description of the evaluation plan;

(8) Details as to the duration of proposed project; and

(9) An overall statement of what the applicant will accept as evidence of program success as a result of the activities for which funds are sought.

(b) Notification of the applicant relative to the results of the pre-application review shall follow the procedures set forth in 45 CFR 100a.42.

(20 U.S.C. 1862) (20 U.S.C. 1221(b)(1), 1232c(b)(1))

§ 160a.24 Applications.

An applicant eligible for a grant or contract under the Act shall submit an application to the address contained in the notice of closing date on or before such cut-off date or dates as the Commissioner may announce in the FEDERAL REGISTER for each fiscal year of operation of the Metric Education Program. An application containing such assurances and requisite information, and in accordance with such forms, and instructions as the Commissioner shall prescribe, may be executed by the applicant or an official or representative of the applicant duly authorized to make such application.

(20 U.S.C. 1221c(b)(1))

§ 160a.25 Funding criteria.

(a) In awarding grants and contracts on a competitive basis, the Commissioner will take into account, in addition to the general criteria listed in 45 CFR 100a.26(b), the following criteria:

(1) The project design shows promise for contributing to an effective metric education program;

(2) The project design provides for an effective response to diverse learning styles of the target population, e.g., bilingualism, gifted and talented, less facile learners, insufficiently motivated learners, handicapped and special education students;

(3) The project narrative complies with the International System of Units (SI);

(4) The project design provides for an effective level of response to staff development needs;

(5) The project design leads to the ease of adaptation of proposed metric educational activities;

(6) The project design provides for easy institutionalization of proposed metric educational project strategies;

(7) The project design contributes to performance oriented metric educational approaches;

(8) The project design focuses on efforts to enable the project's target population to measurably acquire skills for using the International System of Units (SI);

(9) A schedule of significant project events is provided and is adequately explained or detailed;

(10) The project design provides for the effective instruction of parents and other adults in the metric system;

(11) The evaluation design includes accountability factors which measure the overall effectiveness of the proposed project;

(12) The project design includes short-term and long-range objectives which are measurably stated;

(13) The project design responds to assessed metric educational needs of the planned target population and such needs are set forth in sufficient detail in the program narrative of the application;

(14) The applicant has identified and detailed specific project-related behavioral objectives and the means by which they will be achieved;

(15) The project design is conducive to easy replication;

(16) The project design has high program impact potential; and

(17) The project design capitalizes on cooperative arrangements so as to maximize the impact of the proposed project.

(b) The maximum score for a given application shall be 102 points with each criterion having a score range of 0-6.

(20 U.S.C. 1862)

§ 160a.26 Review of applications.

The Commissioner, prior to disposition of applications for grants or contracts, may, at his discretion, obtain the review of a panel of experts. Any such review shall be in addition to the review of an application by the Commissioner in accordance with such procedures as the Commissioner may establish.

(20 U.S.C. 1221c(b)(1))

§ 160a.27 Amount of grant or contract.

It is expected that awards of State and multi-State metric education planning grants will generally be in the range of $25,000-$40,000 and $50,000$110,000, respectively; the schoolbased metric instructional pilot and model project grants will generally be in the range of $25,000-$35,000; the national technical support effort will generally be in the range of $175,000$225,000; and the grants for purposes of conducting in-service and pre-service teacher development projects will generally be in the range of $20,000$30,000. Procurement contracts into which the Commissioner may enter pursuant to any of the authorized activities need not be within the above ranges.

(20 U.S.C. 1862)

§ 160a.28 State review of local educational agency applications.

(a) The Commissioner will not approve an application submitted by a local educational agency in accordance with this part unless the State educational agency of the State in which that local educational agency is located has been given an opportunity to review and niake recommendations on such application.

(b) A local educational agency must provide a copy of its application to the appropriate State educational agency concurrently with its submission of the application to the Commissioner.

(c) The Commissioner may establish a cut-off date for submission of comments by State educational agencies on local educational agency applications. If the Commissioner establishes a cut-off date for submission of comments, failure by a State educational agency to submit comments to the Commissioner within the period specified by the Commissioner for an application shall be deemed a waiver of the State educational agency's opportunity to comment on that application.

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

§ 160a.29 Allowable costs.

(a) Costs allowable under awards issued pursuant to this part shall be

determined in accordance with provisions contained in 45 CFR Part 100a and Appendices A, B, C, or D to that part, as applicable to the type of applicant, subject to the limitations contained in paragraphs (b) and (c) of this section.

(b) Costs for the following will be allowed when the Commissioner determines that expenditure for such items would be in the interest of the Government in carrying out the purposes specified in § 160a.1 and the program objectives in § 160a.2: the costs of (1) reference materials, (2) supplementary materials for adaptation of textbooks, (3) consulting services, (4) conferences for the purposes of discussing metric education, (5) initial purchase of measurement and mass apparatus (limited to 10 percent of the award), (6) replacement of measurement and mass apparatus, and (7) adaptation of measurement and mass apparatus.

(c) Funds shall not be expended under this part for: (1) Stipends, (2) textbooks (except those exclusively on the metric system), (3) travel of teachers, students, or parents, or (4) dependency allowances.

§ 160b.1 Purpose and scope.

(a) Purpose. Section 404 of Pub. L. 93-380 (20 U.S.C. 1863) provides a program of grants and contracts to support the education of gifted and talented children and youth through:

(1) The development and dissemination to the public of information pertaining to the education of gifted and talented children and youth (§ 404(b));

(2) Grants to State and local educational agencies for the planning, development, operation, and improvement of programs and projects designed to meet the special educational needs of the gifted and talented at the preschool, elementary, and secondary school levels (§ 404(c));

(3) Grants to State educational agencies for training personnel engaged, or preparing to engage, in educating the gifted or talented or as supervisors of such personnel (§ 404(d));

(4) Grants to institutions of higher education or other appropriate non

profit agencies for training leadership personnel in the education of the gifted and talented (§ 404(e)); and

(5) Contracts with public and private agencies for the establishment and operation of model projects for the identification and education of the gifted and talented (§ 404(g)).

(b) Scope. This part applies to projects assisted with funds appropriated pursuant to Section 404 of Pub. L. 93380, or with funds made available for expenditure under Section 404 pursuant to the Special Projects Act by Section 402 of Pub. L. 93-380.

(c) Other pertinent regulations. Assistance under this part is subject to applicable provisions contained in (1) subchapter A of this chapter, relating to fiscal, administrative, property management, and other matters (45 CFR Parts 100, 100a), and (2) Part 160 of this chapter, relating to the Special Projects Act.

(20 U.S.C. 1851, 1863)

§ 160b.2 Definitions.

(a) “Act means Section 404 of the Education Amendments of 1974 (Pub. L. 93-380), relating to assistance for the education of the gifted and talented.

(20 U.S.C. 1863)

(b) "Differentiated education or services" means that process of instruction which is capable of being integrated into the school program and is adaptable to varying levels of individual learning response in the education of the gifted and talented and includes but is not limited to:

(1) A differentiated curriculum embodying a high level of cognitive and affective concepts and processes beyond those normally provided in the regular curriculum of the local educational agency;

(2) Instructional strategies which accommodate the unique learning styles of the gifted and talented; and

(3) Flexible administrative arrangements for instruction both in and out of school, such as special classes, seminars, resource rooms, independent study, student internships, mentorships, research field trips, library media research centers and other appropriate arrangements.