(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)

(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).

(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?

(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);

(iv) Part 78 (Education Appeal 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]

Public
Recipient

Secondary school
Secretary
State

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:

Director

Family English literacy program
Limited English proficiency and profi-
cient
Low-income

Native language Office

Other programs for persons of limited English proficiency

Programs of academic excellence Program of developmental bilingual education

Program of transitional bilingual education

Secretary

Special alternative instructional programs

(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

United States to Indians because of their status as Indians.

(Authority: 20 U.S.C. 3292)

Tribally sanctioned educational authority means any department or division of education operating within the administrative structure of the duly constituted governing body of an Indian tribe, as well as any nonprofit institution or organization that—

(1) Is chartered by the governing body of an Indian tribe to operate any school or otherwise oversee delivery of educational services to members of that tribe; and

(2) Is approved by the Secretary for the purposes of carrying out programs under the Act.

(Authority: 20 U.S.C. 3292)

[51 FR 22423, June 19, 1986, as amended at 53 FR 39219, Oct. 5, 1988]

Subpart B-What Kinds of Projects Does the Secretary Assist?

§ 500.10 What requirements pertain to all programs assisted under this Act for limited English proficient persons?

All programs assisted under this Act must

(a) Give priority to serving LEP children having the greatest need for those programs, particularly those children whose usual language is not English;

(b) Be designed to enable students to achieve full competence in English; and

(c) Be designed to allow students to meet grade-promotion and graduation standards.

(Authority: 20 U.S.C. 3282)

§ 500.11 What programs are there for students of limited Spanish proficiency in Puerto Rico?

Projects funded in the Commonwealth of Puerto Rico may include programs of instruction, teacher training, curriculum development, research, evaluation, and testing designed to improve the English proficiency of children and may also make provision for

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

may

(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]

(a) This section establishes a comprehensive design of the general evaluation requirements and standards that a grantee funded under programs authorized under part A of Title VII must meet in carrying out an annual evaluation of a project which provides instructional services to limited English proficient persons.

(b) A grantee's evaluation must comply with the following requirements:

(1) A grantee's evaluation design must include a measure of the educational progress of project participants when measured against an appropriate nonproject comparison group.

(2) A grantee's evaluation design must meet the following technical standards:

(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 intervals, 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.

(ii) This information must include(A) The amount of time (in years or school months, as appropriate) the participants received

instructional

services in the project, and as appropriate, in another instructional setting;

(B) The participants' progress in achieving English language proficiency and, for programs of developmental bilingual education, progress in another language; and

(C) The former participants' academic progress in English language classrooms.

(Approved by the Office of Management and Budget under control number 18850003)

(Authority: 20 U.S.C. 3303)