Code of Federal Regulations: Containing a Codification of Documents of ...

§ 119.10 Transfers of apportioned funds.

(a) Upon the request of a State, any part of the amount of Federal funds apportioned to it for basic grants may, pursuant to paragraph (b) of this section, be added to or combined with the amount apportioned to another State for the purpose of carrying out one or more activities that would benefit each participating State.

(b) Any State desiring that a part of its apportionment of Federal funds for basic grants be added to or combined with that of another State shall submit to the Commissioner a request for such a transfer, either as a part of the application covering an activity or activities affected by such a transfer or as an amendment or amendments thereto. Such a request shall be submitted by a State simultaneously with the application or at any time subsequent thereto. Such a request shall contain (1) a description of the activities to be carried out by the receiving State with funds contributed to it by other participating States; (2) a statement of the total amount to be expended for such activities and the sources and amounts of Federal and non-Federal funds, if any, contributed by each participating State, including the receiving State; (3) information showing how such activities will assist all participating States in strengthening the leadership resources of their respective State educational agencies and in identifying and meeting their educational needs; and (4) a certificate of the receiving State educational agency accepting the transfer of funds for the purposes identified by the State or States requesting the transfer. Each such request, when approved by the Commissioner, shall become a part of the application of the receiving State.

Subpart C-Special Project Grants

§ 119.20 Purpose.

Special project grants authorized in section 505 of the Act will be made by the Commissioner (a) to State educational agencies to pay part of the cost of experimental projects for developing State leadership or for the establishment of special services which, in

the judgement of the Commissioner, hold promise of making a substantial contribution to the solution of problems common to the State educational agencies of all or several States, and (b) to public regional interstate commissions or agencies for educational planning and research.

§ 119.22 Review of applications.

(a) In reviewing each application submitted for his approval, the Commissioner will assure himself that:

(1) Each special project proposed in an application includes experimental activities, or in the case of public recommissions gional interstate and agencies, educational planning and research, for development of State educational leadership or for establishment of special services which hold promise of making a substantial contribution to the solution of: (i) Problems common to the State educational agencies of all of the States; or (ii) problems common to the State agencies of several of the States.

(2) Each application complies with and conforms to applicable provisions of the Act and regulations in this part, and such conditions and procedures as the Commissioner may require to carry out his functions under section 505 of the Act.

AUTHORITY: Secs. 601-605, Pub. L. 91-230, 84 Stat. 175, 177 (20 U.S.C. 1401-1404), unless otherwise noted.

SOURCE: 40 FR 7411, Feb. 20, 1975, unless otherwise noted.

§ 121.1 Scope.

Except as otherwise provided in this part, the provisions contained in this part apply to all programs authorized under the Education of the Handicapped Act (Pub. L. 91-230, Title VI). (20 U.S.C. 1401)

§ 121.2 Definitions.

As used in Parts 121 through 121j, inclusive, of this chapter: "Act" means the Education of the Handicapped Act (Title VI of Pub. L. 91-230).

(20 U.S.C. 1401)

“Children with specific learning disabilities" means those children who have a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which disorder may manifest itself in imperfect ability to listen, think, speak, read, write, spell, or do mathematic calculations. Such disorders include such conditions as perceptual handicaps, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. Such term does not include children who have learning problems which are primarily the result of visual, hearing, or motor handicaps, of mental retardation, of emotional disturbance, or of environmental disadvantage.

(20 U.S.C. 1401(15))

"Construction" means:

(a) Erection of new or expansion of existing structures, including the acquisition and installation of equipment therefor; or

(b) Acquisition of existing structures not owned by any agency or institution making application for assistance under the Act; or

(c) Remodeling or alteration (including the acquisition, installation, modernization, or replacement of equipment) of existing structures; or

(d) Acquisition of land in connection with the activities in paragraphs (a), (b), and (c) of this definition; or

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(e) A combination of any two or more of the foregoing.

(20 U.S.C. 1401(4))

"Equipment" includes machinery, utilities, and built-in equipment and any necessary enclosures or structures to house them, and includes all other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including items such as instructional equipment and necessary furniture, printed, published, and audio-visual instructional materials, and books, periodicals, documents, and other related materials.

(20 U.S.C. 1401(5))

"Handicapped children" means mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health impaired children who by reason thereof require special education and related services. The term includes children with specific learning disabilities to the extent that such children are health impaired children who by reason thereof require special education and related services.

(20 U.S.C. 1401(1))

"Institution of higher education" means an educational institution in any State which:

(a) Admits as regular students only individuals who have a certificate of graduation from high school, or the recognized equivalent of such certificate;

(b) Is legally authorized within such State to provide a program of education beyond high school;

(c) Provides an educational program for which it awards a bachelor's degree, or provides not less than a twoyear program which is acceptable for full credit toward such a degree, or offers a two-year program in engineering, mathematics, or the physical or biological sciences which is designed to prepare the student to work as a technician and at a semiprofessional level in engineering, scientific, or other technological fields which require the understanding and application of basic

engineering, scientific, or mathematical principles or knowledge;

(d) Is a public or other nonprofit institution; and

(e) Is accredited by a nationally recognized accrediting agency or association listed by the Commissioner pursuant to this paragraph, or if not so accredited, is an institution, whose credits are accepted on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution offering a two-year program in engineering, mathematics, or the physical or biological sciences which is designed to prepare the student to work as a technician and at a semiprofessional level in engineering, scientific, or other technological fields which require the understanding and application of basic engineering, scientific, or mathematical principles or knowledge. If the Commissioner determines that there is no nationally recognized accrediting agency or association qualified to accredit such institutions, he shall appoint an advisory committee, composed of persons specially qualified to evaluate training provided by such institutions, which shall prescribe the standards of content, scope, and quality which must be met in order to qualify such institutions to participate under the Act and shall also determine whether particular institutions meet such standards. For the purposes of this paragraph the Commissioner will publish a list of nationally recognized accrediting agencies or associations which he determines to be reliable authority as to the quality of education or training offered.

(20 U.S.C. 1401(11))

"Local educational agency" means a public board of education or other public authority legally constituted within a state for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools" in a city, county, township, school district, or other political subdivision of a State, or such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary

schools. The term also includes any other public institution or agency having administrative control and direction of a public elementary or secondary school.

(20 U.S.C. 1401(8))

"Private elementary or secondary schools" means schools which provide elementary or secondary education, as determined under State law (but not including any education provided beyond grade 12) and which are controlled by other than a public agency. (20 U.S.C. 1413(a)(2))

"Research and related purposes" means research, research training (including the payment of stipends and allowances), surveys, or demonstrations in the field of education of handicapped children, or the dissemination of information derived therefrom, including (but without limitation) experimental schools.

(20 U.S.C. 1401(13))

"Seriously emotionally disturbed children" does not include children who are socially maladjusted but not emotionally disturbed. In distinguishing between such children, the following criteria may be used to determine those children who are seriously emotionally disturbed: those children who exhibit one or more of the following characteristics over a long period of time and to a marked degree:

(a) An inability to learn which cannot be explained by intellectual, sensory, or health factors;

(b) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers;

(d) General pervasive mood of unhappiness or depression; or

(e) A tendency to develop physical symptoms, pains, or fears associated with personal or school problems.

(20 U.S.C. 1401(1))

"Severely handicapped children” are those who because of the intensity of their physical, mental, or emotional problems, or a combination of such problems, need educational, social,

psychological, and medical services beyond those which are traditionally offered by regular and special educational programs, in order to maximize their full potential for useful and meaningful participation in society and for self-fulfillment.

(a) The term includes those children who are classified as seriously emotionally disturbed (including children who are schizophrenic or autistic), profoundly and severely mentally retarded, and those with two or more serious handicapping conditions, such as the mentally-retarded blind, and the

cerebral-palsied deaf.

(b) “Severely handicapped children” (1) may possess severe language and/ or perceptual-cognitive deprivations, and evidence abnormal behaviors such as: (i) Failure to respond to pronounced social stimuli, (ii) Self-mutilation, (iii) Self-stimulation, (iv) Manifestation of intense and prolonged temper tantrums, and (v) The absence of rudimentary forms of verbal control, and (2) May also have extremely fragile physiological conditions.

"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 agency, or officer, an agency or officer designated by the Governor or by State law.

(20 U.S.C. 1401(7))

§ 121.3 Objectives.

(a) The U.S. Office of Education is committed to assuring equal educational opportunities for all handicapped children. The efforts of the Office of Education in meeting this commitment are coordinated through the Bureau of Education for the Handicapped.

(b) Education of handicapped children has been adopted by the U.S. Office of Education as one of its major priorities. The six objectives designed to implement this priority are:

(1) To assure that every handicapped child is receiving an appropriately designed education;

(2) To assist the States in providing appropriate educational services to the handicapped;

(3) To assure that every handicapped child who leaves school has had career educational training that is relevant to the job market, meaningful to his career aspirations, and realistic to his fullest potential;

(4) To assure that all handicapped children served in the schools have a trained teacher or other resource person competent in the skills required to aid the child in reaching his full potential;

(5) To secure the enrollment of preschool aged handicapped children in Federal, State, and local educational and day care programs; and

(6) To encourage additional educational programming for severely handicapped children to enable them to become as independent as possible, thereby reducing their requirements for institutional care, and providing opportunities for self-development.

(20 U.S.C. 1402, 1411, 1421-1425, 1431-1434, 1441, 1442, 1451, 1461)

§ 121.4 Parental involvement and dissemination.

(a) Scope. This section is applicable to any program under the Act in which the Commissioner determines that parental participation at the State or local level would increase the effectiveness of the program in achieving its purposes.

(b) Regulations. Upon making a determination pursuant to paragraph (a) of this section, the Commissioner will promulgate regulations with respect to such program setting forth criteria designed to encourage such participation.

(c) Local educational agencies. If the program for which such determination is made provides for payments to local educational agencies, applications for payments shall:

(1) Set forth such policies and procedures as will ensure that programs and projects assisted under the application have been planned and developed, and will be operated, in consultation with, and with the involvement of, parents of the children to be served by such programs and projects;

(2) Be submitted with assurance that such parents have had an opportunity to present their views with respect to the application; and

(3) Set forth policies and procedures for adequate dissemination of program plans and evaluation to such parents and the public.

(20 U.S.C. 1231d)

§ 121.5 Multi-year programs and projects.

(a) The Commissioner may require that institutions, organizations, and agencies applying for assistance under Parts C, D, E, F, or G of the Act will project their goals and activities over a three-year period. Multi-year approval is intended to offer programs or projects a reasonable degree of stability over time and to facilitate additional long range planning.

(b) Approval of multi-year programs or projects shall not commit the Federal government to provide financial assistance from appropriations not currently available.