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500 Bilingual education: General provisions
501 Bilingual education: Basic programs ..........
Bilingual education: Desegregation support pro-








Bilingual education: Academic excellence program
Bilingual education: Family English literacy pro-






Bilingual education: Special populations program.
Bilingual education: Program for the development
of instructional materials....



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Transition program for refugee children.
Bilingual education: State educational agency pro-





Bilingual education: Educational personnel train-
ing program.............................................................




Bilingual education: Fellowship program ........
Bilingual education: Training development and
improvement program........................................





Bilingual education: Short-term training program.
Emergency immigrant education program



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(Authority: 20 U.S.C. 3291(a) (1), (2), and (3))

(b) Programs of Academic Excellence (34 CFR Part 524).

(Authority: 20 U.S.C. 3291(a)(4))

(c) Family English Literacy Program (34 CFR Part 525).

(Authority: 20 U.S.C. 3291(a)(5))

(d) Special Populations Program (34 CFR Part 526).

(Authority: 20 U.S.C. 3291(a)(6))

(e) State Educational Agency Program (34 CFR Part 548). (Authority: 20 U.S.C. 3302)

(a) Basic Programs (34 CFR Part 501).

(f) Educational Personnel Training Program (34 CFR Part 561).

(Authority: 20 U.S.C. 3221)

(g) Fellowship Program (34 CFR Part 562).

(Authority: 20 U.S.C. 3321(a)(2), 3323)

(h) Training Development and Improvement Program (34 CFR Part 573).

(a) Except as described in paragraphs (b), (c) and (d) of this section, the following regulations apply to programs authorized under the Act listed in § 500.1:

(1) The regulations in this Part 500. (2) The Education Department General Administrative Regulations (EDGAR) in 34 CFR

(i) Part 74 (Administration of Grants of Institutions of Higher Education, Hospitals and Nonprofit Organiza tions);

(ii) Part 75 (Direct Grant Programs); (iii) Part 77 (Definitions That Apply to Department Regulations);

(Authority: 20 U.S.C. 3321(a)(3))

(i) Short-Term Training Program (34 CFR Part 574).

(Authority: 20 U.S.C. 3321(a)(4))

[51 FR 44243, June 19, 1986, as amended at 53 FR 39218, Oct. 5, 1988]

§ 500.2 [Reserved]

§ 500.3 What regulations apply to these programs?

(iv) Part 78 (Education Appeal Public Board);

(v) Part 79 (Intergovernmental Review of Department of Education Programs and Activities); and

(vi) Part 80 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments).

(b) The provisions in 34 CFR 75.217 (b) through (d) (relating to the review of applications) do not apply to the State Educational Agency Program in 34 CFR Part 548.

(c) Except for the provisions in 34 CFR 75.51 (relating to proof of nonprofit status) the EDGAR provisions listed in paragraph (a)(2) of this section do not apply to the Fellowship Program in Part 562.

(d) The provisions in 34 CFR 75.217(b)(2) (relating to the review of applications) do not apply to 34 CFR Parts 501, 524, 525, 526, 561, 573, and 574.

(Authority: 20 U.S.C. 3281-3341)

[51 FR 22423, June 19, 1986, as amended at 53 FR 39218, Oct. 5, 1988]

§ 500.4 What definitions apply to these programs?

(a) Definitions in EDGAR. The following terms used in the parts listed in § 500.1 (except Part 562) are defined in 34 CFR 77.1:

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Secondary school

State educational agency

(b) Definitions in the Act. The following terms used in the parts listed in § 500.1 are defined in section 7003 of the Act:


Family English literacy program
Limited English proficiency and profi-

Native language

Other programs for persons of limited
English proficiency

Programs of academic excellence
Program of developmental bilingual

Program of transitional bilingual education


Special alternative instructional pro


(Authority: 20 U.S.C. 3283)

(c) Program definitions. The following definitions also apply to the parts listed in § 500.1:

Act or Title VII means the Bilingual Education Act, Title VII of the Elementary and Secondary Education Act, as amended by Pub. L. 100-297. (Authority: 20 U.S.C. 3281-3341)

Educational personnel means teachers, teacher aides, paraprofessionals, administrators, school psychologists, guidance counselors, and other persons who provide or are preparing to provide instructional or support services in programs for limited English proficient persons.

(Authority: 20 U.S.C. 3281-3341)

Indian tribe means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) that is recognized for the special programs and services provided by the

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serving the needs of students of limited Spanish proficiency. (Authority: 20 U.S.C. 3291(j))

500.12 How may programs assisted under the Act enhance students' instruction?

Programs assisted under the Act


(a) Provide technology-based instruction;

(b) Expand the educational calendar of the schools in which the students are enrolled to include programs before and after school and during the summer months; and

(c) Lower pupil-teacher ratios. (Authority: 20 U.S.C. 3291 (a) and (d)(3)(D)) [53 FR 39219, Oct. 5, 1988]

Subpart C-How Does One Apply for an Award?

OPEN MEETING CERTIFICATION § 500.15 Open meeting certification.

(a) This section implements section 1006 of the Elementary and Secondary Education Act of 1965, as amended.

(b) Section 1006 requires a local educational agency [LEA] that submits an application under a program subject to this subpart to certify that the LEA has held an open meeting regarding the contents of the application.

(c) An LEA that must comply with this section shall

(1) Give reasonable notice of the general public's opportunity to testify or otherwise comment at an open meeting regarding the subject matter of the application.

(2) Hold the open meeting;

(3) Consider comments obtained at the meeting in developing the final application; and

(4) Certify in the application submitted to the Secretary that the LEA has held an open meeting regarding the application, as required by this section.

(Authority: 20 U.S.C. 887e) [52 FR 27805, July 24, 1987]

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(i) Representativeness of evaluation findings. The evaluation results must be computed so that the conclusions apply to the persons, schools or agencies served by the projects.

(ii) Reliability and validity of evaluation instruments and procedures. The evaluation instruments used must consistently and accurately measure progress toward accomplishing the objectives of the project, and must be appropriate considering factors such as the age, grade, language, degree of language fluency and background of the persons served by the project.

(iii) Evaluation procedures that minimize error. The evaluation procedures must minimize error by providing for proper administration of the evaluation instruments, at twelve-month testing interval accurate scoring and transcription of results, and the use of analysis and reporting procedures that are appropriate for the data obtained from the evaluation.

(iv) Valid measurement of academic achievement. The evaluation procedures must provide objective measures

of the academic achievement of participants related to English language proficiency, native or second language proficiency (for programs of developsubject matter areas. mental bilingual education), and other

(3)(i) A grantee's evaluation must provide information on the academic achievement of-(A) Current participants in the project, who are

(1) Children who are limited English proficient; and

(2) Children whose language is English; and

(B) Children who were formerly served in the project as limited English proficient, have exited from the program, and are now in English language classrooms.

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In carrying out the annual evaluation under § 500.50, a grantee shall collect information on

(a) The educational background, needs, and competencies of the limited English proficient persons served by the project;

(b) The specific educational activities undertaken pursuant to the project;

(c) The pedagogical materials, methods, and techniques utilized in the program;

(d) With respect to classroom activities, the relative amount of instructional time spent with students on specific tasks;

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