§ 143.26 Studies, investigations, and demonstrations.

Expenditures may be made under the plan to determine, evaluate, and demonstrate: (a) Local or State guidance and counseling, and testing, needs; (b) the effectiveness of procedures in guidance and counseling, and testing; and (c) the results of program operations. Expenditures for such services are allowable expenses to the extent that they fall within the categories of allowable expenses specified in § 143.25(b).

§ 143.27 Professional personnel.

The Federal Government will participate with respect to those categories of expense that are set forth in § 143.25(b), in the cost of supervisors, consultants, or instructors used by the State agency in the conduct of professional activities, including conferences and workshops: (a) To develop, improve and strengthen the conduct and quality of guidance and counseling, and testing, programs; and (b) to develop materials, procedures, and techniques to improve the quality and conduct of guidance and counseling, and testing, programs.

§ 143.28

Conduct of supervisory or related services.

The State educational agency may set forth provisions in the plan, which are not inconsistent with its supervisory responsibilities, to conduct, in part, professional supervisory and related services in public elementary or secondary schools by: (a) Utilizing local educational agencies or other public agencies to conduct certain of the activities specified in § 143.25(a), § 143.26, § 143.27; and (b) providing for the establishment of cooperative arrangements among units of the State agency, or between the agency and other public agencies or private agencies or organizations, which will provide maximum opportunity for the utilization of all available resources to improve the quality of guidance and counseling, and testing, programs under the plan.

Subpart F-Program for Testing
Aptitudes and Ability

§ 143.29 Purposes of testing program. The State plan shall provide for a testing program to identify students with outstanding aptitudes and abilities in public elementary and secondary schools, including at least one test not above

grade 12, and may extend it to students in public junior colleges and technical institutes, which program shall, if authorized by law, also be extended to students in other elementary and secondary schools and other junior colleges and technical institutes. Such a program shall: (a) Provide such information about the aptitudes and abilities of students as may be needed in connection with the counseling and guidance program under the plan (see § 143.33); and (b) provide such information as may be needed to assist other educational or training institutions and prospective employers in assessing the educational and occupational potential of students seeking admission to educational or training institutions or employment.

§ 143.30 Testing defined.

"Testing," as used in section 503(a) (1) of the Act, means the use of tests which measure abilities from which aptitudes for the individual's educational or career development validly may be inferred. § 143.31 Conduct of testing program.

(a) Utilizing other agencies. In administering the testing program, the State educational agency may: (1) Utilize local agencies to conduct the testing program under State supervision; (2) provide for a testing program to be planned and administered by a local agency under the plan; and (3) contract with public or private institutions or agencies, or with individuals for services (e.g., machine scoring of tests and reporting of test results) which are not inconsistent with its responsibilities.

(b) Expenditures of local agencies. If the State agency conducts a testing program under the provisions of subparagraph (1) or (2) of paragraph (a) of this section, expenditures otherwise appropriate are subject to Federal participation when made by the local agency for (1) the purchase or rental of tests, answer sheets, profile sheets, cumulative record forms, and such other materials as may be necessary under the plan; (2) the rental of equipment for scoring, processing, and reporting the results of tests administered under the plan or, if owned by State or local agencies, the pro-rata share of the cost of maintaining and operating such equipment; or (3) contractual services, not inconsistent with State and local responsibilities, for machine scoring of tests and reporting of test results.

programs.

The plan shall describe the primary objectives of the program, including procedures for providing each local educational agency, nonpublic elementary or secondary school, junior college, and technical institute (to the extent that they enroll students in the grade levels covered by the plan testing program and are not excluded from participation pursuant to § 143.4) with an opportunity to participate, and shall provide for annual reviews by the State agency of progress toward meeting such objectives. The plan shall describe the provisions for carrying out the program, including: (a) The types of tests to be utilized for the measurement of aptitudes and abilities; (b) the grade level of students to be tested; and (c) the procedures to be utilized in the selection and administration of tests with the view of obtaining optimum benefits from such tests. The plan shall provide that the program will be made available to all students in the specified grades in the schools of the participating local educational agencies and in the other participating schools, junior colleges and technical institutes.

Subpart G-Guidance and
Counseling Programs

§143.33 Scope and purposes.

(a) Guidance and counseling programs which are established, maintained or extended under the plan shall serve (1) to advise students, in public elementary and secondary schools or public junior colleges and technical institutes, regarding courses of study best suited to their ability, aptitudes, and skills; (2) to advise students relative to their decisions as to the type of educational program they should pursue, the vocation they should train for and enter, and the job opportunities in the various fields; and (3) to encourage students with outstanding aptitudes and ability to complete their secondary school education, take the necessary courses for admission to institutions of higher education, and enter such institutions.

(b) Such programs shall provide assistance, appropriate to the educational levels of the students, by (1) assessing the abilities, aptitudes, interests, and educational needs of each student; (2) developing understandings of educational and career opportunities and re

rectly and through their parents and teachers, to achieve educational and career development commensurate with their abilities, aptitudes, interests and opportunities; and (4) interpreting student needs for expanded or modified educational activities.

(c) Such programs shall include the following guidance and counseling activities to the extent that they are carried out by utilizing procedures and techniques appropriate to the educational levels of the students and are directed toward the achievement of the foregoing purposes:

(1) Collecting, organizing, and interpreting such information as may be appropriate to the understanding of the student's abilities, aptitudes, interests, and other personal assets and liabilities related to educational readiness and progress and to career planning and development;

(2) Making available to the student and his parents such educational and career information as may be essential for them to understand the educational process and the various educational and career opportunities and requirements related to the choice of an educational program and a career;

(3) Providing individual counseling (1) to help the student and his parents develop a better understanding of the student's educational and occupational strengths and weaknesses; (ii) to help the student and his parents relate his abilities and aptitudes to educational and career opportunities and requirements; (iii) to help the student, with the assistance of his parents, make appropriate educational plans, including the choice of courses and the choice of an institution of higher education; (iv) to stimulate desires in the student to utilize his abilities in attaining appropriate educational and career goals; and (v) to provide the student, directly or through arrangements with other appropriate resources, with such assistance as may be needed for the development of his aptitudes and the full utilization of his abilities;

(4) Providing services to encourage and assist students in making educational transitions, such as placement in the next educational level, and in securing appropriate employment during and upon completion of the educational program;

(5) Providing such group activities as may be necessary to orient students and their parents to the (1) school program including its offerings, services, and requirements; (ii) educational opportunities and requirements at the next level; and (iii) career opportunities and requirements;

(6) Providing to teachers and school administrators such assistance and information about individual students or groups of students as may be necessary to enable them to plan and implement curricular and instructional programs and services which will afford students maximum and equal opportunity for educational development, and which will be consistent with the manpower needs of the State and the Nation; and

(7) Collecting and analyzing such information as may be needed to evaluate the guidance and counseling program and to provide such guidance information as may be available and needed to evaluate the school's program in terms of the educational needs of the students and of the State and the Nation.

§ 143.34 Categories of expenditures applicable to approved local guidance and counseling programs.

Categories of allowable expenditures for the supervision and operation of local guidance and counseling programs approved by the State educational agency under the standards and procedures established pursuant to § 143.35(a) in public elementary and secondary schools or public junior colleges and technical institutes include the following:

(a) Salaries and necessary travel expenses of local school guidance personnel to the extent that they are engaged specifically in activities under the plan and within the scope of the activities listed in § 143.33 or in accordance with State plan provisions authorized by § 143.28. The employer's contribution to retirement, workmen's compensation, or other welfare funds maintained for one or more general classes of employees of the local agency may be included.

(b) Salaries of clerical personnel assisting local guidance personnel engaged in the operation of a local guidance and counseling program under the plan.

(c) The purchase and maintenance of office equipment necessary to meet the plan requirements with respect to professional guidance and counseling activities.

(d) The purchase of such materials (including library source materials) and supplies as may be necessary to fulfill the functions of the guidance and counseling program under the plan.

(e) Necessary travel expenses for local guidance personnel engaged in plan activities to participate in such professional activities, including conferences and workshops, as may be approved under the plan by the State educational agency.

§ 143.35 Plan requirements applicable to guidance and counseling programs.

(a) The plan shall set forth a program for guidance and counseling in public elementary and secondary schools, and may provide for such a program in public junior colleges and technical institutes, and shall include the following items, differentiated with respect to such types of schools or institutions where appropriate:

(1) Procedures to be employed by the State educational agency in the initial and succeeding approvals of local guidance and counseling programs for participation under the plan and the methods to be used in the conduct of the professional reviews of such programs pursuant to § 143.8.

(2) Minimum professional standards to be employed by the State educational agency for approval of local guidance and counseling programs with respect to (i) a testing program which fulfills the purposes established in § 143.29; (ii) the guidance and counseling activities to be provided and the grade levels of students who are to be the participants in such activities; (iii) the duties of and qualifications for local guidance and counseling positions; (iv) the ratio of students to each full-time local guidance and counseling position or its equivalent filled by a person performing the duties and meeting the qualifications called for by subdivision (iii) of this subparagraph; and (v) the physical facilities, equipment, and materials to be available for the conduct of guidance and counseling activities under the plan.

(3) Professional standards recommended by the State agency for local guidance and counseling programs, in the areas of minimum standards established under subparagraph (2) of this paragraph, with a description of such steps as may be required to meet such recommended professional standards.

(4) Supervisory methods and procedures to be employed in local guidance and counseling programs under the plan. (5) Coordination methods and procedures to provide assurance of appropriate relationships between the local guidance and counseling program under the plan, and other related services available to students.

(6) Categories of expenditures in local guidance and counseling programs (§ 143.34) to be included by the State educational agency as a part of the total amount expended to earn its allotment under section 502(a) of the Act.

(b) The State plan may also provide for the establishment of guidance and counseling programs designed to meet special needs of students or unusual circumstances in the community in which the local agency is located, such as cultural differences, economic deprivation, dropouts, and youth unemployment. The plan shall provide that any such special programs be consistent with §§ 143.26 and 143.33, and describe the conditions under which the State will establish such programs including provisions for State supervision, evaluation, and reports to the Commissioner.

§ 143.36 Transition provisions.

State plan. A State plan approved prior to the promulgation of these revised regulations remains in effect through June 30, 1965, unless prior to June 30, 1965, the State plan is revised to be in accord with these revised regulations. After June 30, 1965, in order for a State to receive payments under Title V-A of the Act, the State plan must have been revised to be in conformity with the revised regulations.

Sec.

144.9 Oath or affirmation.
144.10 Provisions for loan cancellations.
144.11 Fiscal.

144.12 Compliance by institutions.
144.13 Preceding provisions not exhaustive

of jurisdiction of the Commissioner.

AUTHORITY: The provisions of this Part 144 issued under secs. 201 to 209, 72 Stat. 158387, as amended; 20 U.S.C. 421-429.

SOURCE: The provisions of this Part 144 appear at 31 F.R. 7463, May 24, 1966, unless otherwise noted.

§ 144.1 Policy and purposes of the National Defense Student Loan Fund Program.

The National Defense Education Act of 1958, Public Law 85-864 (amended), affirmed the need to identify and educate more of the Nation's talented young men and women, and to develop programs through which the fullest development of their mental resources and technical skills may be realized. Title II of the Act initiates the National Defense Student Loan Program, under which National Defense Student Loan Funds will be established at participating institutions of higher education throughout the United States for the purpose of making long-term, low-interest loans to qualified students who are in need of such financial assistance in order to pursue at least a half-time course of study at such institutions. The Program includes provisions designed to encourage additional education on the part of students with a superior academic background. The Program also includes provisions designed to attract an additional number of superior students to the teaching profession for service at the elementary and secondary school levels and at institutions of higher education.

§ 144.2 Definitions.

(a) The Act. "The Act" means the National Defense Education Act of 1958, Public Law 85-864, 20 U.S.C. Chapter 17 as amended.

(b) State. The term "State" for purposes of this part, means a State, Puerto Rico, the District of Columbia, the Canal Zone, Guam, American Samoa, or the Virgin Islands.

Advancement and repayment of

(c) Institution of higher education. "Institution of higher education" or "institution" means an educational institution in any State which meets the requirements set forth in section 103(b)

of the Act. The term "educational insti

tution" limits the scope of this definition to establishments at which teaching is conducted and which have an identity of their own. The separate identity of such establishments is generally reflected by their being incorporated or chartered for such purposes in their own right, or by their receiving a separate listing in Part III of the Office of Education "Education Directory".

(d) Public. The term "public" as applied to any school or institution includes a school or institution of any agency of the United States, except that no such school or institution shall be eligible to receive any grant, loan or other payment under this Act.

(e) Nonprofit. The term "nonprofit," as applied to a school or institution, means a school or institution owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

(f) Commissioner. The term "Commissioner" means the Commissioner of Education.

(g) State educational agency. The term "State educational agency" means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the governor or by State law.

(h) Local educational agency. The term "local educational agency" means a board of education or other legally constituted local school authority having administrative control and direction of public elementary or secondary schools in a city, county, township, school district, or political subdivision in a State, or any other public institution or agency having administrative control and direction of a public elementary or secondary school.

(i) Bachelor's degree. "Bachelor's degree" means a degree which requires completion by the recipient of a total of not less than the equivalent of 4 years of academic study at the college (including graduate and professional school) level.

(j) Institutional application to participate in the National Defense Student Loan Program. An "institutional application to participate in the National Defense Student Loan Program" consists of

(1) A proposed agreement between the Commissioner and the institution pursuant to section 204 of the Act for payment of Federal capital contributions into a National Defense Student Loan Fund at such institution;

(2) An application in such form as the Commissioner may require, for a Federal capital contribution pursuant to section 203 of the Act; and

(3) If the institution's capital contribution is to be financed in whole or in part through a Federal institutional loan, an application in such form as the Commissioner may require, for a Federal institutional loan.

(k) National Defense Student Loan Fund. "National Defense Student Loan Fund" or "Fund" means the fund established pursuant to section 204 of the Act at an institution with which the Commissioner has executed an agreement, such fund being composed of Federal capital contributions, institutional capital contributions, repayments of capital and interest, charges collected pursuant to § 144.8(h), and any other earnings of the fund.

(1) Federal capital contribution. "Federal capital contribution" means the capital portion contributed by the Commissioner to a National Defense Loan Fund pursuant to section 203 of the Act.

(m) Federal institutional loan. "Federal institutional loan" means a loan made by the Federal Government pursuant to section 207 of the Act to an institution, the proceeds of which are to be deposited by such institution in its National Defense Student Loan Fund.

(n) Institutional capital contribution. "Institutional contribution" capital means the money deposited into a National Defense Student Loan Fund by the institution in an amount not less than one-ninth of the Federal capital contributions thereto.

(0) National of the United States. "National of the United States" means (1) a citizen of the United States or (2) a person who though not a citizen of the United States owes permanent allegiance to the United States (8 U.S.C.A. 1101(a) (22)).

(p) Full-time student. "Full-time student" means a student who is carrying a full-time academic workload in terms of course work or other required activities as determined by the institution.