The Code of Federal Regulations of the United States of America

(Authority: 20 U.S.C. 3123(b), 3126(b), 3128(a)(3))

Subpart F-What Conditions Must Be

Met by the State and its Subgrantees?

§ 581.50 How may funds be used under this program?

Subgrants under this program may be used to meet the costs of providing for

(a) Supplementary educational services necessary to enable immigrant children to achieve a satisfactory level of performance in schools, including

but not limited to

(1) English language instruction; (2) Other bilingual educational services; and

(3) Special materials and supplies;

(b) Additional basic instructional services that are directly attributable to the presence of immigrant children in the school district, including the costs of providing

(1) Classroom supplies; (2) Overhead costs;

(3) Costs of construction;

(4) Acquisition or rental of space; and

(5) Transportation costs; and

(c) Essential inservice training for personnel who will be providing supplementary educational services or basic instructional services to immigrant children.

(Authority: 20 U.S.C. 3127)

§ 581.51 How is the eligibility of an immigrant child determined?

(a) Basis requirement. An SEA may not count a child under § 581.11(a) until the SEA has

(1) Determined that the child meets the definition of immigrant children in § 581.4(b)(2); and

(2) Made a record of how the child's eligibility was determined.

(b) Informational basis. (1) In determining eligibility, an SEA may rely on credible information from any source, including information contained in previous school records and information provided by the child or the child's parent or guardian.

(2) An SEA is not required to obtain documentary evidence of the child's

civil status from the child or the child's parent or guardian.

(Approved by the Office of Management and Budget under control number 18850507)

(Authority: 20 U.S.C. 3122, 3125, 3126(c))

§ 581.52 What requirements pertain to the participation of immigrant children in elementary and secondary nonpublic schools?

(a) An LEA is required after consultation with appropriate officials of elementary and secondary nonpublic schools within the district served by the LEA, to provide for the benefit of immigrant children enrolled in those schools, secular, neutral, and nonideological services, materials, and equipment necessary for the education of these immigrant children.

(b) If by reason of any provision of law an LEA is prohibited from providing educational services to immigrant children enrolled in elementary and secondary nonpublic schools, of if the Secretary determines that an LEA has substantially failed or is unwilling to provide for the participation on an equitable basis of children enrolled in elementary or secondary nonpublic schools, the Secretary

(1) May waive the requirement that the LEA serve those children; and

(2) Arrange for the provision of services to those children.

(c) Any waiver of the requirements that an LEA provide services to immigrant children enrolled in elementary and secondary nonpublic schools is subject to consultation, withholding, notice, and judicial review requirements in accordance with the provisions of Chapter 1 of Title I of the Elementary and Secondary Education Act of 1965, as amended, and the regulations in §§ 581.53 through 581.58.

(Authority: 20 U.S.C. 3128(a)(6), 3129(b)) [50 FR 32564, Aug. 13, 1985, as amended at 53 FR 39224, Oct. 5, 1988]

§ 581.53 When does the Secretary implement a bypass?

(a) The Secretary implements a bypass if an LEA

(1) Is prohibited by law from providing the services under this part for pri

vate school children on an equitable basis as required in § 581.52; or

(2) Has substantialaly failed or is unwilling to provide the services under this part for private school children on an equitable basis as required in § 581.52.

(b) If the Secretary implements a bypass, the Secretary waives the responsibility of the LEA for providing supplemental educational services for private school children and arranges to provide the required services. Normally, the Secretary hires a contractor to provide the supplementary educational services for private school children under a bypass. The Secretary deducts the cost of these services, including any administrative costs, from the appropriate allotment of EmergenImmigrant Education Program cy funds. In arranging for these services, the Secretary consults with appropriate public and private school officials. (Authority: 20 U.S.C. 3129(b))

§ 581.54 What notice does the Secretary give?

(a) Before taking any final action to implement a bypass, the Secretary provides the affected LEA, with written notice.

(b) In the written notice, the Secretary

(1) States the reason for the proposed bypass in sufficient detail to allow the LEA to respond;

(2) Cites the requirement with which the LEA allegedly failed to comply; and

(3) Advises the LEA that it has at least 45 days from receipt of the written notice to submit written objections to the proposed bypass and to request in writing the opportunity for a hearing to show cause why the bypass should not be implemented.