§ 181.4 Authorized activities.

Projects assisted under the program shall be designed to contribute to achieving and maintaining desegregated school systems and should emphasize such activities as the following:

(a) Carrying out special community programs designed to assist school systems to implement desegregation plans such as (1) promoting understanding among students, school staffs, parents and community groups; (2) conducting community information programs to provide information concerning desegregation; (3) establishing and supporting committees consisting of minority and nonminority group members; (4) conducting school-home visitation programs; and (5) conducting special parent programs designed to facilitate the implementation of the desegregation plans;

(b) Carrying out special pupil personnel services designed to assist in maintaining quality education during the desegregation process such as (1) providing special guidance and counseling personnel with expertise in working with a desegregated student body; (2) providing remedial and other services to meet special needs of children affected by desegregation; and (3) employing special consultants;

(c) Carrying out special curriculum revision programs and special teacher preparation programs required to meet the needs of a desegregated student body such as (1) developing new and varied instructional techniques and materials designed to meet the special needs of children affected by desegregation; (2) designing and introducing new curricula that serve children from various ethnic backgrounds; (3) developing new material and techniques for improved evaluation and assessment of student progress; (4) carrying out special demonstration projects for the introduction of innovative instructional methodologies which will improve the quality of education in desegregated schools; (5) providing for individualized instruction, team teaching, nongraded programs, and the employment of master teachers; (6) establishing inservice programs to assist teachers in dealing with children who have inadequate English language skills; (7) promoting greater understanding of the attitudes and interpersonal relationships of students and teachers involved in the desegregation process; (8) upgrading basic skills and instructional

methodologies; (9) mobilizing university and consultant expertise in developmental programs and seminars on problems incident to desegregation; (10) providing temporary teachers whose employment will permit permanent teachers to participate in training related to desegregation; and (11) providing teacher aides whose employment will help improve instruction in schools affected by desegregation;

(d) Carrying out special studentto-student programs designed to assist students in opening up channels of communication concerning problems incident to desegregation such as (1) promoting mutual acceptance; (2) promoting greater understanding of racial peer pressures of students; (3) assisting student groups to develop interracial understanding; (4) involving groups consisting of minority and nonminority group students in curriculum revision; and (5) assisting groups consisting of minority and nonminority group students to plan and conduct desegregated extracurricular activities;

(e) Carrying out special comprehensive planning and logistic support designated to assist in implementing a desegregation plan such as (1) employing additional administrative and clerical personnel necessary for implementation of a plan; (2) assisting in the rescheduling and reassignment of students and teachers and the redrawing of transportation routes; (3) supervising necessary physical changes; and (4) minor repairing and minor remodeling of existing facilities and leasing or purchasing of mobile or demountable classroom units.

Assistance may also be provided for any other specially designed project which the Commissioner determines will meet the purposes of the program.

(a) (1) bears to the number of such minority group children in all of the States.

(2) In addition, within such time as the Commissioner may specify he shall allot such additional funds which have not been allotted pursuant to subparagraph (1) of this paragraph (or a portion thereof) by alloting to each State an amount which bears the same ratio to the funds to be alloted as the number of minority group children aged 5 to 17 inclusive in the State who are in local educational agencies eligible for assistance under § 181.3(a) (1), (2), and (3) bears to the total number of such minority group children in all the States. Any additional allotments shall be made on the basis of this subparagraph.

(3) The allotments specified in this paragraph (and the reallotments specified in paragraph (b) of this section) may be made on the basis of estimates with respect to the local educational agencies which will be eligible for assistance. For the purpose of making any of the allotments specified in this paragraph, the Commissioner may treat the funds available under the program in installments and allot each installment separately. The allotment of each such installment may be made on the basis of the most recent satisfactory data (including estimates in accordance with the second preceding sentence) available on the date of such allotment.

(b) That part of any State's allotment which the Commissioner determines will not be needed may be reallotted, on such dates as the Commissioner may fix, in proportion to the original allotments, but with appropriate adjustments to assure that any amount so made available to any State in excess of its needs is similarly reallotted among the other States.

(c) In no event will more than 122 percent of the funds allotted be used in any one State.

§ 181.6 Application.

(a) An application of a local educational agency for assistance under the program shall

(1) Set forth a comprehensive statement of the problems faced by that agency in achieving and maintaining a desegregated school system, including a comprehensive assessment of the needs of the children in such agency;

(2) Describe in detail the new requirements to which such agency is subject

with respect to the 1971-72 academic year, and

(3) Describe the activities that are designed to comprehensively and effectively meet the problems created by such new requirements, including the specific activities to be carried out with assistance requested under the program and the manner in which these activities will address such problems;

(4) Contain assurances satisfactory to the Commissioner, accompanied by such supportive information as he may require:

(i) That Federal funds made available under the program for any fiscal year will be so used as to supplement and, to the extent practical, increase the level of funds that would, in the absence of such Federal funds, be available to the applicant from non-Federal sources for purposes which meet the requirements of the program, and in no case to supplant

such funds;

(ii) That Federal funds made available under the program will not be used to supplant funds which (a) were available to the applicant from non-Federal sources prior to the implementation by the applicant of an order or plan for the desegregation of its schools and (b) have been withdrawn or reduced as a result of desegregation. For the purposes of this paragraph, a reduction as a result of desegregation shall not be deemed to have taken place where non-Federal funds available to a local educational agency pursuant to State statute are reduced by operation of such statute, solely on account of a decline in such agency's enrollment or its transportation needs;

(iii) That a reasonable effort is being made to utilize other Federal funds available for meeting the needs of children;

(iv) (a) That in order to facilitate the administration of § 181.3(a) (4) such agency has fully disclosed in such application any transfer after May 27, 1968, of property or services to or for the benefit of a nonpublic school or school system (or a person intending to establish or operate a nonpublic school or school system), in which transfer it has engaged directly or indirectly; and (b) that such agency will not, after the date of such application, engage directly or indirectly in any transfer of property or services to or for the benefit of a nonpublic school or school system which practices discrimination on the basis of race, color, or national origin (or a person intending to establish or operate such a school or school system), ana will take all steps within its authority to insure that its property or services do not benefit such a school, school system, or person; (Public Law 91-380)

(v) That staff members of the local educational agency who work directly with children, and professional staff of such agency who are employed on the administrative level, will be hired, assigned, promoted, paid, demoted, dismissed, and otherwise treated without regard to being members of minority groups.

(vi) That the local educational agency has assigned its full-time classroom teachers for the 1971-72 academic year so that the ratio of minority to nonminority group classroom teachers in each school is substantially the same as the ratio that exists in the faculty of the system as a whole; ("Swann v. Charlotte-Mecklenburg Board of Education," Sup. Ct. Oct. Term 1970, Nos. 281 and 349 (Apr. 20, 1971))

(vii) That no practices or procedures, including testing, will be employed by the local educational agency in the assignment of children to classes, or otherwise in carrying out curricular or extracurricular activities, within the schools of such agency in such a manner as to result in the isolation of minority and nonminority group children for a substantial part of the day; and that no other practices or procedures, including disciplinary sanctions, will be employed in such a manner as to discriminate against children on the basis of race, color, or national origin;

(viii) That the applicant will have published in the local newspaper of general circulation the terms and provisions of each project approved by the Commissioner within 30 days of such approval, or will have published in a local newspaper of general circulation, within 30 days of such approval, pertinent information as to the manner in which, and the place at which, the terms and provisions of such approved project are made reasonably available to the public;

(ix) That the applicant will complete and submit to the Office for Civil Rights of the Department of Health, Education, and Welfare, by October 15, 1971, or such other time as may be determined by that office, an evaluation form to be furnished by that office;

(x) That the applicant will furnish to the Commissioner such additional information as he may deem necessary for the administration of the program;

(xi) That in order to achieve the purposes of the program, the local educational agency will carry out, and comply with, any voluntary plan or court or administrative order described in § 181.3 (a), upon which the determination of its eligibility for assistance under the program is based; and

(xii) That such agency is familiar with, and that such agency will comply with the provisions of, all regulations, grant or contract terms, conditions, and requirements applicable to the program.

(b) An application of a public or nonprofit private agency, organization or institution (other than a local educational agency) for a grant under the program shall

(1) Set forth a statement of the problems as seen from the point of view of such agency, organization, or institution, of achieving one or more desegregated school systems in the relevant community or communities;

(2) Describe any previous involvement and concern of such agency, organization, or institution with education or school desegregation;

(3) Describe the activities which such agency, organization, or institution proposes to undertake for the purpose of assisting in the implementation of one or more desegregation plans described in § 181.3(a), including a description of the manner in which such activities would contribute to achieving and maintaining one or more desegregated school systems;

(4) Contain an assurance satisfactory to the Commissioner that such agency, organization, or institution will furnish him such additional information as he may deem necessary for the administration of the program;

(5) Be accompanied by the comments (if any) of the local educational agency (or agencies) in the school district (or districts) of which the project to be assisted will take place.

§ 181.7 Advisory Committee.

(a) A local educational agency shall, prior to applying for assistance under the program, afford its biracial advisory committee formed in accordance with paragraph (b) or (c) of this section a reasonable opportunity (not less than 5 days) in which to review and comment to such agency upon such application. In connection with such review, such agency shall furnish to each member of such committee a copy of the regulations applicable to the program. No such

application may be approved unless it is accompanied by the written comments of a committee properly constituted in accordance with this section or a certification by such agency that such committee has been formed and was afforded the opportunity to review and comment upon the application (as required by this paragraph) but failed to submit any comments with respect thereto within the period afforded for such review.

(b) For the purposes of this section a biracial committee may be a committee which has been formed pursuant to an order of a Federal or State court for the desegregation of the school system of such agency.

(c) (1) A local educational agency which does not have a committee as described in paragraph (b) of this section (or which desires to establish a new committee for the purposes of this part) shall establish a committee under this paragraph. Such agency shall designate at least five civic or community organizations each of which shall select a member of the committee. The civic or community organizations which participate in the selection process shall, when taken together rather than considered individually, be broadly representative of the minority and nonminority communities to be served. (The following organizations, if they exist in the district served by the local educational agency, should be among those invited to select a member of the biracial advisory committee: Title I Advisory Committee; Community Action Agency or Head Start Program; Model Cities Agency; Parent-Teacher Association; and the National Association for the Advancement of Colored People, Urban League, or other civil rights or human relations organization active in the community.)

(2) A committee formed under this paragraph must be composed of equal numbers of nonminority group members and members from each significant minority group represented in the community. (For example, in a school district containing both Negro and Spanishsurnamed communities, the committee should be composed of equal numbers of Negro, Spanish-surnamed American and nonminority group members.) At least 50 percent of the members of the committee shall be parents of children directly affected by the requirements described in § 181.3(a). In addition to members appointed to the committee by civic or community organizations, a local educa

tional agency shall select the minimum number of additional persons as may be necessary to meet the requirements of this subparagraph.

(d) Each application by a local educational agency for assistance under the program shall contain an assurance that such agency will consult at least once a month with its biracial committee established under this section (in formal meetings of such committee) with respect to policy matters arising in the administration and operation of any project for which funds are made available under the program, and that it will provide such committee with a reasonable opportunity to periodically observe (upon prior and adequate notice to such agency at such time or times as such committee and agency may agree) and comment upon all project-related activities.

(e) The names of the members of said biracial advisory committee shall be published in a newspaper of general circulation or otherwise made public prior to the submission of an application under this part.

(f) No amendment to the project of a local educational agency shall be approved, and no additional funds made available under the program, unless the biracial advisory committee has been given an opportunity to comment upon such amendment of or addition to the project. Amendments or additions suggested by the biracial advisory committee shall be forwarded by the local educational agency, with or without comment by such agency, to the Commissioner for his consideration.

(20 U.S.C. 1231d)

§ 181.8 Student advisory committees.

The application of a local educational agency shall contain an assurance that, no later than 30 days after the opening of the 1971-72 acadamic year or after the approval of such application, whichever occurs later, a student advisory committee will be formed from secondary grade students in each school affected by the project which offers secondary instruction. Each such committee shall be composed of equal numbers of each significant minority and nonminority group in the affected school. The members of each such committee shall be selected by the student body or the student government of such school. Representatives of the local educational agency shall periodically consult with the student advisory committee concerning matters relevant to the program.

§ 181.9

Evaluation.

require an applicant to contribute to the costs of the project if the application is accompanied by an assurance satisfactory to him that the applicant does not have available adequate resources for that purpose.

§ 181.13 Submission and disposition of

In determining whether to provide assistance under the program, or in fixing the amount thereof, the Commissioner will consider such criteria as he deems pertinent, including

(a) The applicant's relative need for assistance;

(b) The relative promise of the project or projects to be assisted in carrying out the purpose of the program;

(c) The extent to which the proposed project deals comprehensively and effectively with problems faced by the local educational agency in achieving and maintaining a desegregated school system;

(d) The extent and impact of the desegregation achieved or to be achieved; (e) The number of minority students in the school district;

(f) In the case of applicants which have previously received assistance under the program, the relative effectiveness of the projects conducted under the program prior to July 1, 1971, and other factors relating to the performance of such applicant under such program.

§.181.11 Review by State educational

agency.

The Commissioner will not approve an application for assistance pursuant to § 181.6 without first affording the appropriate State educational agency a reasonable opportunity to review and make recommendations with respect to such application.

application.

The Commissioner will notify each applicant of the approval, disapproval, or other disposition of the application.

§ 181.14 General terms and conditions. Grants provided pursuant to this part will be subject to the General Terms and Conditions for the Emergency School Assistance Program, published as Appendix A to this part. Activities carried out under the authority of title II of the Economic Opportunity Act of 1964 will be carried out in conformance with the Memorandum of Understanding between the Office of Economic Opportunity and the Department of Health, Education, and Welfare, published as Appendix B to this part.

(a) (1) Assistance under the program may be terminated in whole or in part if the Commissioner determines after affording the recipient reasonable notice and an opportunity for a full and fair hearing, that the recipient has failed to carry out its approved project proposal in accordance with the applicable law and the terms of such assistance or has otherwise failed to comply with any law, regulation, assurance, term or condition applicable to the program. Assistance under this program may be suspended during the pendency of a termination proceeding initiated pursuant to this paragraph: Provided, That the recipient is afforded reasonable notice and opportunity to show cause why such action should not be taken.

In view of the emergency nature of the program and the fact that most local educational agencies have already determined their budgets for the 1971-72 academic year, the Commissioner will not

(2) Proceedings with respect to the termination of a grant shall be initiated by the mailing to the recipient of a notice by certified mail, return receipt requested, informing the recipient of the Government's request for termination and the specific grounds therefor, together with information regarding the time, place, and nature of the hearing and the legal authority and jurisdiction under which the hearing is to be held and such other information with respect to the conduct of such proceedings as the Commissioner may determine. If the

§ 181.12 Non-Federal contributions.