§ 500.52 What information must a grantee report to the Secretary?

A grantee shall report to the Secretary annaully, the information collected in § 500.51 and an evaluation of the overall progress of the project including the extent of educational progress achieved through the project measured, as appropriate, by

(a) Tests of academic achievement in English language arts, and for programs of developmental bilingual education, second language arts;

(b) Tests of academic achievement in subject matter areas; and

(c) Changes in the rate of student(1) Grade-retention;

(2) Dropout;

(3) Absenteeism;

(4) Placement in programs for the gifted and talented; and

(5) Enrollment in postsecondary education institutions.

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

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

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

Sec.

501.41 What additional requirements apply to programs of transitional bilingual education?

501.42 How long may a student remain in a Program of Transitional Bilingual Education or a Special Alternative Instructional Program?

AUTHORITY: 20 U.S.C. 3281-3341, unless otherwise noted.

SOURCE: 51 FR 22426, June 19, 1986, unless otherwise noted.

Subpart A-General

§ 501.1 Basic Programs.

The Basic Programs provide assistance to eligible applicants for

(a) Programs of transitional bilingual education authorized under sec=tion 7021(a)(1) of the Act;

(b) Programs of developmental bilingual education authorized under sec=tion 7021(a)(2) of the Act; or

(c) Special alternative instructional programs authorized under section 7021(a)(3) of the Act.

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

[51 FR 22426, June 19, 1986, as amended at 53 FR 39219, Oct. 5, 1988]

8501.2 Who is eligible to apply for assistance under Basic Programs?

(a) The following parties are eligible to apply for assistance under this part: (1) Local educational agencies (LEAs).

(2) Institutions of higher education (IHES), including junior or community colleges, that apply jointly with one or more LEAS.

(b) In the case of an application submitted by an IHE jointly with one or more LEAS, an LEA must be designated as the applicant in the group agreement required under 34 CFR 75.128. (Authority: 20 U.S.C. 3291(b)(1)(A))

§ 501.3 What regulations apply to Basic Programs?

The following regulations apply to Basic Programs:

(a) The regulations identified in 34 CFR 500.3.

(b) The regulations in this Part 501, except as provided in paragraph (c) of this section.

(c) The regulations in this Part 501 do not apply to second- and third-year noncompeting continuation grants in fiscal year (FY) 1989 and third-year noncompeting continuation grants in FY 1990. The regulations applicable to these noncompeting continuation grants are the regulations applicable in FY 1988.

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

[51 FR 22426, June 19, 1986, as amended at 53 FR 39219, Oct. 5, 1988]

§ 501.4 What definitions apply to the Basic Programs?

The definitions in 34 CFR 500.4 apply to the Basic Programs. (Authority: 20 U.S.C. 3283, 3291)

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

§ 501.10 What activities are eligible for assistance?

The Secretary provides assistance for the following activities:

(a) Establishing, operating, or improving basic programs.

(b) During the first twelve months of a project, a grantee may engage exclusively in preservice activities. These activities do not include providing instructional services to limited English proficient (LEP) children. Activities may include, but are not limited to(1) Program design;

(2) Materials development;

(3) Staff recruitment and training; (4) Development of evaluation mechanisms and procedures; and

(5) Activities to involve parents in the educational program and to enable parents and family members to assist in the education of LEP children.

(c) Providing or securing training for personnel participating or preparing to participate in the program that will assist them to meet State and local certification requirements. To the extent possible, college or university credit must be awarded for the training.

(Authority: 20 U.S.C. 3291(a) (1), (2), and (3), (d)(1)(B), and (f)(7))

[51 FR 22426, June 19, 1986, as amended at 53 FR 39219, Oct. 5, 1988]

8501.11 What level of commitment to continue the program must the applicant demonstrate?

(a)(1) The purpose of grants under this part is to build the capacity of the grantee to provide a program, on a regular basis, similar to that proposed for assistance, when Federal assistance under the project is reduced or no longer available.

(2) The program to be provided must be of sufficient size, scope, and quality to promise significant educational improvement for LEP children.

(b) To carry out this purpose

(1) The Secretary funds a project only if the applicant demonstrates a realistic plan in its application to develop its programmatic capacity for serving LEP children and to assume financial responsibility for the program when Federal assistance is reduced or no longer available;

(2) The Secretary reduces the level of Federal assistance in each successive year of the project, unless

(i) The plan under paragraph (b)(1) of this section provides for an increased commitment of local funds to provide expanded special services for greater numbers of LEP children in each successive year of the project; or (ii) Based on unforeseen circumstances, such as a substantial influx of LEP children to the school district, the grantee-in an application for a successive budget period under the project-amends the plan under paragraph (b)(1) of this section to assure the Secretary that it will provide expanded services; and

(3) The Secretary, in determining the funding level for each successive year of a project, and in determining whether to renew a project after its first three years, in accordance with § 501.34, considers the extent to which the grantee has successfully carried out its plan under paragraph (b)(1) of this section.

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

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

Subpart C-How Does One Apply for an Award?

§ 501.20 What must an applicant include in its application for assistance? An application must

(a) Include the information and assurances required under

(1) Section 7021(c)(2) of the Act; and (2) 34 CFR 500.20, 501.20 through 501.25 and 501.32, and 501.33, if applicable; and

(b) Provide assurances that the project will

(1) Use only qualified personnel, who are proficient in spoken and written English, and, if appropriate, any other language or languages used for instruction;

(2) Comply with the non-supplanting requirements of section 7021(f)(4) of the Act;

(3) Comply with the parent advisory committee requirements in § 501.21(c). (4) Use student evaluation and assessment procedures appropriate for LEP students; and

(5) Identify and serve any handicapped LEP students in accordance with the requirements of the EHA. (Approved by the Office of Management and Budget under control number 18850003)

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

[51 FR 22426, June 19, 1986, as amended at 53 FR 39220, Oct. 5, 1988; 54 FR 53320, Dec. 28, 1989]

§ 501.21 What requirements pertain to the application advisory council and the parent advisory committee?

An applicant shall

(a) Establish an application advisory council, of which a majority must be parents and other representatives of the children to be served in the program, to assist in the development of the application;

(b) Submit with its application documentation of its consultation with the council and the council's comments on the application and on the decision to submit an application under one of the programs listed in § 501.1.

(c) Assure in its application that— (1) In carrying out its project, the applicant will provide for continuing consultation with, and participation

by, a parent advisory committee composed of parents, teachers, and other interested individuals.

(2) The parent advisory committee will be selected by and predominantly composed of parents of LEP children participating in the program and may include members of the application advisory council; and

(3) In the case of a project carried out in a secondary school, the parent advisory committee will include representatives of the secondary school students participating in the project; and (4) It will provide support for additional parent advisory activities if support is requested.

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

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

[51 FR 22426, June 19, 1986, as amended at 53 FR 39220, Oct. 5, 1988]

§ 501.22 What requirements pertain to the participation of children enrolled in nonprofit private schools?

(a) An applicant shall demonstrate in its application that—

(1) In designing the project the applicant has consulted with appropriate private school officials and has taken into account the needs of LEP children enrolled in nonprofit private elementary and secondary schools in the area to be served; and

(2) The applicant will make provision for participation of the LEP children enrolled in nonprofit private schools

(i) On a basis comparable to that provided for the public school children; and

(ii) Consistent with the number of those children enrolled in nonprofit private schools in the area to be served whose educational needs are of the type and whose language and grade level are of a similar type to those the program is intended to address. (See 34 CFR 75.650 Participation of students enrolled in private schools.)

(b) If the Secretary determines that an applicant is unable or unwilling to provide for the participation of LEP children enrolled in nonprofit private schools as required by this section, the Secretary

(1) Withholds approval of the application until the applicant demonstrates that it is in compliance with the requirements of this section; or

(2) Reduces the amount of the grant by the amount the Secretary needs to

(i) Arrange to assess the needs of children in nonprofit private schools in the area to be served; and

(ii) Carry out a program for limited English proficient persons which meets the needs of those children. (Approved by the Office of Management and Budget under control number 18850003)

(Authority: 20 U.S.C. 3291 (f)(2), (k))

§ 501.23 What requirements pertain to preservice activities?

An applicant shall demonstrate in its application how it plans to conduct the preservice activities described in § 501.10(b) for the first twelve months of the grant.

(Authority: 20 U.S.C. 3291(d)(1)(B)) [53 FR 39220, Oct. 5, 1988]

§ 501.24 What requirements pertain to training activities?

An applicant shall demonstrate in its application that it will

(a) Provide or secure training for persons participating or preparing to participate in the project that will assist them to meet State and local certification requirements and that, to the extent possible, will provide them with college or university credit;

(b) Base training on an assessment of the needs of the persons who will be participating in the project and on the needs of the LEP children who will receive instruction under the project; and

(c) Apply the applicable provisions in 34 CFR 561.41 if the approved application provides for financial assistance to participants.

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

(Authority: 20 U.S.C. 3291(f)(7))

[51 FR 22426, June 19, 1986, as amended at 53 FR 39220, Oct. 5, 1988]

§ 501.25 What requirements pertain to the development of an evaluation plan?

An applicant shall demonstrate that its plan for evaluating the progress and achievements of the proposed project meets the requirements of 34 CFR 500.50 through 500.52.

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

(Authority: 20 U.S.C. 3291(f)(4), 3303)

§ 501.26 What requirements pertain to SEA review of an application?

An applicant that seeks assistance shall include evidence, in its application, that the SEA has been notified of the application and has been given an opportunity to offer recommendations on the application to the applicant and the Secretary and otherwise comply with the procedures in 34 CFR 75.156-75.160.

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

(Authority: 20 U.S.C. 3291 (e)(5), (f)(9))

§ 501.31 What selection criteria does the Secretary use?

The Secretary uses the following criteria in evaluating each application:

(a) Description and assessment of need. (17 points) The Secretary reviews each application to determine

(1) The extent to which the appliI cant has identified the needs of the LEP students to be served in the program, including

(i) The lack of proficiency of the LEP children in speaking, reading, writing, and understanding the English language; and

(ii) The degree of proficiency of the LEP children in their native language and in other courses or subjects of study.

(2) The reliability and objectivity of the methods used to identify those needs;

(3) The adequacy of the applicant's justification for concluding that the schools selected for the project enroll the children most in need of assistance within the LEA; and

(4) The extent to which the project will serve the children most in need of assistance, within the schools selected. (b) Program objectives and design. (30 points)

(1) The Secretary reviews each application to determine the appropri ateness and reasonableness of the applicant's design for meeting the needs of the LEP students to be served, including

(i) The extent to which the instructional approach to be used will address the specific needs identified in the application; and

(ii) The extent to which other instructional approaches have been considered in choosing the instructional approach to be used in the project.

(2) The Secretary looks for the extent to which the project has specific and quantifiable objectives that will lead to the realization of the goals of the Act, including

(i) The manner and time schedule by which the applicant will meet the needs of LEP children served by the project, including

(A) The achievement of goals set for the children served by the project, especially the goal of achieving English