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(d) "School Board" means any agency or agencies which administer a system of one or more public schools and any other agency which is responsible for the assignment of students to or within such system.

(e) "Special educational problems occasioned by desegregation" and "problems incident to desegregation" mean those problems (other than problems uniquely related to the assignment of students to public schools in order to overcome racial imbalance) arising from the assignment of students to and within public schools without regard to differences in their race, color, religion, or national origin.

(f) Attendance at an institute on a "full-time basis" means attendance at the institute in accordance with the policies and regulations regarding attendance in effect at the institution at which the individual is enrolled, as set forth in the institution's arrangement with the Commissioner.

(g) An "Institute Day" means each day of a program of an institute which is scheduled to provide at least five hours of training.

Subpart B-Training Institutes

§ 180.11

Arrangements with institution. The Commissioner will arrange, through grants or contracts, with institutions of higher education for the operation of short-term or regular session institutes for special training designed to improve the ability of teachers, supervisors, counselors, and other elementary or secondary school personnel to deal effectively with special educational problems occasioned by desegregation.

§ 180.12 Stipends other than travel allowances.

An individual who attends an institute on a full-time basis shall be paid a stipend of $15 for each institute day of attendance up to $75 per week. In the event that participation in an institute is interrupted or is terminated prior to completion of the institute program, stipend payment shall be made to the individual for such period as he was in attendance on a full-time basis. § 180.13 Travel allowances.

(a) An individual who attends an institute on a full-time basis may be provided travel, or an allowance for his actual cost of travel, from place of resi

dence or employment to place of the institute, and from place of the instituta to his place of residence or employment, as set forth in the institution's arrangement with the Commissioner, but not to exceed nine cents per mile. The allowance for travel in the case of travel by private automobile shall be at the rate of nine cents per mile. In the case of joint travel by private automobile by a group of participants, travel allowances shall be payable only to one of such participants, but without reduction on account of contribution to him by the other participants.

(b) In addition to the limitations of paragraph (a) of this section, when air, rail, or steamship transportation is used, first-class accommodations or an allowance therefor may be provided only where first-class accommodations are the only class of service for the most direct travel route, or where less than first-class accommodations result or would result in greater cost than first-class accommodations.

(c) In the event that an individual's participation in an institute is terminated prior to his completion of the institute program, travel or an allowance therefor, from place of the institute to his place of residence or employment may be provided only if such termination is occasioned by extraordinary circumstances not reasonably within the control of the individual.

Subpart C-Grants to School Boards § 180.21 Applications.

School boards may apply to the Commissioner for grants to pay, in whole or in part, the cost of: (a) Giving to teachers and other public school personnel inservice training in dealing with problems incident to desegregation, and (b) employing specialists to advise in problems incident to desegregation.

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CHAPTER II-SOCIAL AND REHABILITATION SERVICE (ASSISTANCE PROGRAMS), DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE 1

Part 201

202

203

211

Assistance to States.

Medical assistance to State residents.

Deprivation of parental support or care.

Care and treatment of mentally ill nationals of the United States, returned from foreign countries.

212 Assistance for United States citizens returned from foreign countries.

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(c) The term "Commissioner" means the Commissioner of Welfare;

(d) The term "Welfare Administration" means the Welfare Administration in the Department;

(e) The term "Bureau" means the Bureau of Family Services of the Welfare Administration;

(f) The term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam;

(g) The term "State agency" means the State public assistance agency administering, or supervising the administration of, the public assistance plan under title I, IV, X, XIV, or XVI;

(h) The term "regional office" and "central office" refer to regional offices of the Department and the central office of the Bureau, respectively.

Subpart A Approval of State Plans for Public Assistance and Certification of Grants

§ 201.2 General.

The State plan is a comprehensive statement prepared by the State agency describing all pertinent aspects of its operations necessary for the Welfare Administration to reach a determination as to conformity with the specific requirements stipulated in the pertinent titles of the Act. The State plan sets forth

the basic State laws enabling and limiting the administration of public assistance; a description of the agency's organization and functions; its methods of administration, including the rules and regulations governing personnel administration; policies and interpretations with regard to eligibility for and extent of assistance; a description of its plan for social services and for training of public assistance personnel; fiscal operations; and reporting and research activities. Pertinent Federal policies are set forth in the Handbook of Public Assistance Administration, which also contains detailed instructions and suggestions for the content and submittal of the documents comprising the State public assistance plan. Copies of the Handbook are furnished to each State agency.

§ 201.3 Approval of State plans and amendments.

The State plan consists of written documents furnished by the State to cover each of its programs under the Act: old-age assistance and medical assistance for the aged (title I); aid and services to needy families with children (title IV); aid to the blind (title X); aid to the permanently and totally disabled (title XIV); or aid to the aged, blind, or disabled and medical assistance for the aged (title XVI). The State may submit the common material on more than one program as an integrated plan. However, it must identify the provisions pertinent to each title since a separate plan must be approved under each public assistance title. A plan submitted under title XVI encompasses, under a single plan, the groups otherwise included in the three separate plans under titles I, X, and XIV. After approval of the original plan by the Commissioner, all relevant changes, such as new statutes, rules, regulations, interpretations, and court decisions, are required to be submitted currently so that the Commissioner may determine whether the plan continues to meet Federal requirements and policies.

(a) Submittal. State public assistance plans and revisions of the plans are submitted to the central office through the regional offices. The States are encouraged to obtain consultation of the regional staff when a plan is in process of preparation or revision.

(b) Review. The family service representatives in the regional offices are

responsible for review of State plans and amendments. They also initiate discussion with the State agency on clarification of significant aspects of the plan which come to their attention in the course of this review. State plan material on which the regional staff has questions concerning the application of Federal policy is referred with recommendations as required to the central office for decision. Comments and suggestions, including those of consultants in specified areas of public assistance administration, may be prepared by the central office for use by the regional representatives in negotiations with the State agency.

(c) Approval. The Bureau has been delegated authority to take action on amendments to State plans on the basis of policy statements or precedents previously approved by the Commissioner; the Commissioner has final authority for approval of new or substantially rewritten plans, or amendments to plans that are not within established policy. The Commissioner also has final authority for determining that proposed plan material is not approvable, or that a previously approved plan no longer meets the requirements for approval. The Bureau formally notifies the State agency of the action taken on State plans or revisions, or the need for clarifying information.

(d) Basis for approval. Determinations as to whether State plans (including plan amendments and administrative practice under the plans) orginally meet, or continue to meet, the requirements for approval are based on relevant Federal statutes and regulations and the requirements and policies set forth in the Handbook of Public Assistance Administration and other official issuances to the States.

§ 201.4 Grants.

To States with approved plans, grants are made each quarter for assistance and administration. The determination as to the amount of a grant to be made to a State is based upon three documents submitted by the State agency containing information required under the Act and such other pertinent facts as may be found necessary.

(a) Form and manner of submittal(1) Time and place. The estimates for public assistance grants for each quarterly period are forwarded to the regional office 45 days prior to the period

of the estimate, together with a certification of State funds available and a justification statement in support of the estimates. The statement of quarterly expenditures and any necessary supporting schedules are forwarded to the Department of Health, Education, and Welfare, Bureau of Family Services, Attention: State Grants Branch, Washington, D.C. 20201, not later than 30 days after the end of the quarter.

(2) Description of forms. (1) "Report of Estimated Expenditures and Funds to be Available" represents the State agency's estimate of the total amount of expenditures for assistance and for administration to be made during the quarter for each of the public assistance programs under the Act. The forms also contain the State agency's estimates of the number of recipients to receive aid during each month of the quarter and of the amount of money payments to recipients and of the amount of payments to vendors for medical or remedial care in behalf of recipients. From these estimates the State and Federal shares of the total expenditures are computed and reported on the form. The State's computed share of the total estimated expenditures is the amount of State and local funds necessary for the quarter. The Federal share is the basis for the funds to be advanced for the quarter.

(ii) In addition, the State agency must certify as to the amount of State funds (exclusive of any balance of advances received from the Federal Government) actually on hand and available for expenditure; this certification must be signed by the executive officer of the State agency submitting the estimate material, or a person officially designated by him, or by a fiscal officer of the State if required by State law or regulation. ("Certificate of Availability of State funds for Assistance and for Administration during Quarter" is available for submitting the information but is not required to be used.) If the amount of State funds, or State and local funds if localities participate in the program, shown as available for expenditures, is not sufficient to cover the State's proportionate share of the amount estimated to be expended, the certification should contain a statement showing the source from which the amount of the deficiency is expected to be derived and the time when this amount is expected to be made available.

(iii) The third document submitted by the State agency is the quarterly statement of expenditures for each of the public assistance programs under the Act. This is an accounting statement of the disposition of the Federal funds granted for past periods and provides the basis for making the adjustments necessary when the State's estimate for any prior quarter was greater or less than the amount the State actually expended in that quarter. The statement of expenditure also shows the share of the Federal Government in any recovery of assistance from recipients and also in expenditures not properly subject to Federal financial participation which are acknowledged by the State agency or have been revealed in the course of the fiscal audit.

(b) Review. The State's estimates are analyzed by the regional office staff and are forwarded with recommendations as required to the central office. The central office reviews the State's estimate, other relevant information, and any adjustments to be made for prior periods, and computes the grant.

(c) Estimate of amount due and certification. After consideration and approval of the grant request for the quarter by the Commissioner, the amount to be paid to the State is certified (by delegation to certifying officer in the Bureau) to the Secretary of the Treasury for payment for each month of the quarter.

§ 201.5 Withholding certification; reduction of Federal financial partici

pation in the costs of social services and training.

(a) When withheld. Certification of grants to a State is withheld if the Commissioner, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of an approved plan,

finds:

(1) That the plan has been so changed that it no longer complies with the provisions of section 2, 402, 1002, 1402, or 1602 of the Act; or

(2) That in the administration of the plan there is failure to comply substantially with any such provision.

(b) When Federal financial participation is reduced. Federal financial participation in the costs of social services and training approved at the rate of 75 per centum is reduced to 50 per centum if the Commissioner, after rea

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