cilities; and the cost of construction shall be deemed to include the cost of acquisition of land in connection with any of the foregoing, but not the cost of off-site improvements. (20 U.S.C. 877b(f)).

(b) "Eligible party" means any public or nonprofit private agency, organization, or institution. (20 U.S.C. 877b(b)).

(c) "Secretary" means the Secretary of Health, Education, and Welfare. (20 U.S.C. 877b(1)).

§ 125.2 Scope and purpose.

The regulations in this part govern programs of financial assistance, pursuant to Part C of the Education of the Handicapped Act, the purpose of which is to provide, through a limited number of model centers for deaf-blind children, a program designed to develop and bring to bear upon such children, beginning as early as feasible in life, those specialized, intensive professional and allied services, methods and aids that are found to be most effective to enable them to achieve their full potential for communication with and adjustment to the world around them, for useful and meaning participation in society, and for self-fulfillment. These programs of financial assistance will be carried out through grants and contracts with eligible parties. (20 U.S.C. 877b (a), (b),(e)). §125.3 Grants to or contracts with eligible parties.

The Secretary may make grants to or contracts with eligible parties to pay part or all of the cost of establishment (including, when necessary, construction) or operation, or both, of centers for deaf-blind children. In determining whether to make such a grant or contract the Secretary will take into consideration the need for a center for deaf-blind children in the light of the general availability and quality of existing services for such children in the part of the country involved. (20 U.S.C. 877b (b), (c)).

§125.4 Services to be provided by cen

(b) A program for the adjustment, orientation, and education of deaf-blind children which integrates all the professional and allied services necessary therefor; and

(c) Effective consultative services for parents, teachers, and others who play a direct role in the lives of deaf-blind children to enable them to understand the special problems of such children and to assist in the process of their adjustment, orientation, and education. (20 U.S.C. 877b(d)(1)).

§ 125.5 Location of services.

Services to be provided pursuant to grants or contracts made under § 125.3 may be provided to deaf-blind children (and, where applicable, other persons) regardless of whether they reside in the center, may be provided at some place other than the center, and may include the provision of transportation for any such children (including an attendant) and for parents. (20 U.S.C. 8775 (d)(2)).

§ 125.6 Grants or contracts for related activities.

The Secretary may, either as a part of a grant or contract under § 125.3, or by separate grant to or contract with an eligible party operating a center meeting the requirements of § 125.4, provide for the payment of all or part of the cost of activities such as the following:

(a) Research to identify and meet the full range of needs of deaf-blind children;

(b) Development or demonstration of new, or improvements in existing, methods, approaches, or techniques which would contribute to the adjustment and education of deaf-blind children;

(c) Training (either directly or otherwise) of professional and allied personnel engaged or preparing to engage in programs specifically designed for deafblind children, including payment of stipends for trainees and allowances for travel and other expenses for them and their dependents; and

(d) Dissemination of materials and information about practices found effective in working with deaf-blind children. (20 U.S.C. 877b(e).)

diagnostic and

As used in this part, the term "deafblind child" means a child who has auditory and visual handicaps the combination of which causes such severe communication and other developmental and educational problems that he cannot properly be accommodated in special education programs either for the hearing handicapped child or for the visually handicapped child. In recognition of the inherent and special difficulties attendant to the making of the determination of whether a child is deaf and blind within the meaning of the preceding sentence, that determination shall be made by the grantee or contractor on the basis of an extended period of evaluation, conducted in the center or elsewhere by a team consisting of specialists, at least in the fields of hearing, vision, and education of the handicapped, who shall make appropriate recommendations to the grantee or contractor as to whether a child is deaf and blind within the meaning of this definition, (20 U.S.C. 877b(h)).

§ 125.8 Further information.

(c) "Department" means the U.S. Department of Health, Education, and Welfare.

(d) "Geographic area(s)," for the purpose of subpart C, means all or part of one or more political subdivisions of the State in which the public library services will be provided under the State plan.

(e) "Interlibrary cooperation," for the purpose of subpart E, means the establishment and operation of systems or networks of libraries, including State, school, college, and university, public, and special libraries, and special information centers working together to achieve maximum effective use of funds in providing services to all library users. Such systems may be designed to serve a community, metropolitan area, region within a State, or may serve a statewide or multistate area.

(f) "Library services to the physically handicapped," for the purpose of subpart G, means the provision of library services through public or other nonprofit libraries, agencies, or organizations, to physically handicapped persons, including the blind and visually handicapped, certified by competent authority as unable to read or to use conventional printed material as a result of physical limitations.

(g) "Project" or "construction project," for the purpose of subpart D, means a construction project which is eligible for a grant under an approved State plan and which will result in a usable public library facility.

(h) "Public library" means a library that serves free all residents of a community, district, or region without discrimination and receives its financial support in whole or in part from public funds. The term does not include libraries such as law, medical, school, and academic libraries, which are organized to serve a special clientele or purpose. (i)

[Reserved].

(j) "Public library services," for the purpose of subpart C, means library services which are provided by or on behalf of a public library. The term does not include those library services that are properly the responsibility of the schools.

(k) "State" means a State of the Union, the District of Columbia, Puerto Rico, Guam, American Samoa, the Trust

Territory of the Pacific Islands, or the Virgin Islands.

(1) "State institutional library services," for the purpose of subpart F, means the providing of books and other library materials, and of library services to (1) inmates, patients, or residents of penal institutions, reformatories, residential training schools, orphanages, or general or special institutions or hospitals operated or substantially supported by the State, and (2) students in residential schools for the handicapped (including mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health impaired persons who by reason thereof require special education) operated or substantially supported by the State.

(m) "State agency" means the "State library administrative agency" (Section 504(b) of the Act), the State library agency, or any other official State agency charged by State law with the extension and development of public library services, the construction of public libraries, the promotion of interlibrary cooperation, or the provision of specialized State library services.

[32 F.R. 2946, Feb. 16, 1967, as amended at 33 F.R. 8668, June 13, 1968]

Subpart B-State Plans

§ 130.2 State plan purposes.

The purposes of the State plan are to set forth the manner and procedures under which the State will carry out the State program(s) to promote the further extension of free public library services to areas without such services or with inadequate services, to provide for the construction of public libraries, to promote interlibrary cooperation, to assist the States in providing certain specialized State library services, and to provide the basis on which Federal payments are made. Therefore, in order to participate in one or more of the programs described in this part, a State must submit to the Commissioner a State plan which meets the requirements of this part applicable to such programs.

§ 130.3 State plan provisions.

(a) State agency. The State plan shall give the official name of the agency which will be the sole agency for administering or supervising the administration of the plan and shall indicate the programs under the Act to which the plan relates. The State plan shall state the title of the official who is authorized to submit the plan and amendments thereto. The State plan shall provide that the State agency shall be responsible for the administration or for the supervision of the administration of all activities to be carried out under the State plan and, if the latter, shall set forth the manner in which the State agency will exercise and make effective such supervision. The State plan shall also set forth the manner in which appropriate coordination will be undertaken at both State and local levels to assure that the best possible library services will be available.

(b) Free library services. The State plan shall provide that any library services furnished under the plan shall be made available free of charge to individual users under regulations prescribed by the State agency.

(c) Organization. The State plan shall describe, by chart or otherwise, the organization of the State agency, its unit functions, and the lines of authority between the State agency and entities participating in each of the programs covered by the plan in order to assure coordination of these and all other library programs within the State.

(d) Personnel. (1) The State plan shall contain a description of the minimum qualifications of all professional library personnel of the State agency engaged in activities for which funds are used under the State plan. Such minimum qualifications shall contain standards of education and experience and other requirements in relation to the duties to be performed. If a merit system exists in the State, the plan shall describe the requirements of such system for such personnel.

(2) If the State agency makes provision for salaries, tuition, or other payments for personnel of the State agency and/or personnel participating, or to participate, under the plan in specialized educational or training programs, the State plan shall state the terms and conditions the State agency will impose to assure that the result of such programs and payments therefor will contribute to the furtherance of the objective for which funds are made available. (See § 130.86(a) (1) and (2).) If there be failure by such personnel to comply with such terms and conditions, absent good cause therefor as reasonably determined by the

State agency, the Federal Government shall be credited with its proportionate share of such payments.

(e) Custody of funds. The State plan shall provide for the receipt by the State Treasurer (or, if there be no State Treasurer, the officer identified by title exercising similar functions for the State) and for the proper safeguarding of all Federal funds granted to the State under the Act. The State plan shall provide that all Federal funds so received shall be expended solely for the purposes for which granted and that any such funds not so expended, including funds lost or diverted to other purposes, shall be paid to the U.S. Office of Education.

(f) Disbursement of funds. The State plan shall state whether funds are paid to participating agencies under the plan on the basis of either (1) a reimbursement for actual expenditures already made, (2) an advance prior to the expenditure of funds, or (3) both.

(g) State fiscal control and accounting procedures. The State plan shall describe the fiscal control and fund accounting procedures which are in accordance with applicable State and local laws, rules, and regulations and which will assure proper disbursement of and accounting for Federal funds paid to the State under each program, funds paid by the State to participating entities, and all matching funds. In addition, the State plan shall specify the particular accounting basis (cash, accrual, or obligation) to be used and cite the authority under State and local laws, rules, and regulations for such basis. If the State or local agency utilizes other than a cash accounting basis, the State plan shall indicate the time period or other conditions governing the liquidation of obligations. The State plan shall contain an assurance that accounts and supporting documents of the State agency and local participating entities relating to program expenditures involving Federal financial participation will be adequate to permit an accurate and expeditious audit. The State plan shall provide that the State will require that the expenditures made under the State plan by the participating agencies will be audited in accordance with generally accepted auditing standards by an appropriate State audit agency or by an independent certified public accountant or independent licensed public accountant certified or licensed by a regulatory authority of a State or other subdivision of the United States. The State plan shall set forth, in connection with construction projects approved under subpart D of this part, the fiscal control and accounting procedures applicable to such construction projects, and shall cite the authority under State and local laws, rules, and regulations.

There shall be included as part of the plan copies of, or citations to, all pertinent laws and interpretations of laws by appropriate State officials or courts relevant to the State plan provisions. All such copies or citations shall be certified to be correct by the Attorney General or other appropriate State official.

[32 F.R. 2946, Feb. 16, 1967, as amended at 33 F.R. 8669, June 13, 1968]

(1) Amendment. The State plan shall provide that it will be amended to reflect any material changes in the library program(s) provided for by such plan, any changes in pertinent State law, or any changes in the organization of, operations of, or policies and methods of administration to be followed by, the State agency; and that amendments will be submitted and certified in the same manner as the State plan.

(j) Certification of the State plan(1) Certification by State agency. The State plan and all amendments thereto shall include a certification by the officer of the State agency authorized to submit the State plan that the plan or amendment has been adopted by the State agency and that the plan, or plan as amended, will constitute the basis for operation and administration (including, where applicable, supervision of the administration) of the library programs in which there is Federal financial participation.

(2) Certification by State Attorney General. The State plan and all amendments thereto shall include a certification by the State's Attorney General, or other official designated in accordance with State law to advise the State agency on legal matters, that all plan provisions and amendments thereto are consistent with State law. He shall further certify the official title of the officer authorized to submit the State plan; that the State agency named in the plan has authority under State law to submit the State plan and to administer or supervise the administration of the plan, whichever is applicable; that the State Treasurer (or, if there be no State Treasurer, the officer identified by title exercising similar functions for the State) has authority under State law to receive, hold, and disburse Federal funds under the State plan.

Subpart C-Public Library Services

Title I.

(a) Policies, methods and purposes. The State plan shall contain a statement describing the policies and methods of administration to be followed by the State agency in using funds made available under its allotment for expenditure under the State plan. The State agency shall certify that its policies and methods of administration will, in its judgment, assure use of such funds to maximum advantage in the further extension of public library services to geographic areas (1) without such services or (2) with inadequate services. This statement shall describe the immediate and longrange plans of the State agency in establishing or extending public library services.

(b) Priorities and criteria for improving public library services. The State plan shall set forth the criteria to be used by the State agency for determining, pursuant to section 103(c) of the Act, whether library services are unavailable or inadequate in any geographic area and the priorities which the State agency will apply in approving participation in the program.

Subpart D-Public Library
Construction

§ 130.25 State plan requirements Title II.

(a) Criteria, priorities, and procedures. (1) The State plan shall set forth criteria, priorities, and procedures for approval of construction projects which are designed to insure that public library facilities will be constructed to serve areas, as determined by the State agency, which are without library facilities necessary to develop library services.

(2) The State plan shall indicate whether the State will expend Federal funds (and State and local funds required for matching such Federal funds)