percent of the cost of developing, carrying out, and evaluating a program.

(b) Federal funds provided under this part may not be used for costs of construction, except for minor remodeling or alteration (including the acquisition, installation, modernization, or replacement of equipment) of existing structures.

(20 U.S.C. 1404, 1423(c))

§ 121d.32 Auxiliary activities.

(a) Applications for assistance under this subpart shall specifically state any activities which an applicant intends to undertake pursuant to section 624 of the Act.

(b) Research activities under section 624(a)(1) of the Act are subject to applicable requirements contained in 88 121h.1(b), 121h.4, and 121h.7 of this chapter, as well as applicable provisions contained in Part 121e of this chapter.

(20 U.S.C. 1423, 1424)

Subpart B-Outreach Activities

§ 121d.40 Activities.

(a) Parties which have received assistance for early education projects under section 623 of the Act for three or more years may apply for assistance for activities under section 624 of the Act which will assist other agencies in meeting the early educational needs of handicapped children.

(b) Activities under this subpart are subject to applicable provisions contained in Part 121e of this chapter. (20 U.S.C. 1423, 1424)

§ 121d.41 Application content.

An application for assistance under this subpart shall include:

(a) An assurance that direct services provided to handicapped children during the prior years of the early education project under section 623 of the Act will be continued by the applicant and supported from funds other than funds under section 623;

(b) Written evidence obtained from the responsible officials of the applicant of the amount and sources of funding for such continued support (both cash and in-kind), the number of

SECTION 1.1 Scope of guidelines. (a) The guidelines contained in this document are recommendations and suggestions for meeting the legal requirements which apply to Federal assistance under the Education of the Handicapped Act, Part C, section 623. The legal requirements include the Act itself (20 U.S.C. 1423) and the regulations (45 CFR Part 121d). The guidelines are not to be construed as requirements. However, where the guidelines set forth a permissible means of meeting a legal requirement, the guidelines may be relied upon.

(20 U.S.C. 1423; 113 Cong. Rec. 5936, 5939 (daily ed. May 23, 1967); United States v. Jefferson County Board of Education, 372 F. 2d 836, 857 (1966))

(b) Where a guideline is issued in connection with or affecting a provision in the regulations, the pertinent regulation will be cited after the citation of legal authority for the guideline, in the parentheses following the guideline. For example, if the legal authority for the guideline is section 623 of the Act (20 U.S.C. 1423), and the guideline affects section 121d.3 of the regulations (45 CFR 121d.3), the following citation will be placed on the line immediately following the guideline: (20 U.S.C. 1423; 45 CFR 121d.3). If no particular section of the regulation is affected, no citation to the Code of Federal Regulations (CFR) will be made. (20 U.S.C. 1232(a))

PART 2-PROPOSAL PREPARATION

SEC. 2.1 Purpose. (a) The basic purpose of the Handicapped Children's Early Education Program is to demonstrate the provision of exemplary comprehensive services to young handicapped children from birth through 8 years of age through grants to and contracts with public agencies and private nonprofit organizations, so that other agencies and organizations wishing to replicate the programs can have visible and available models to help them do so.

(b) Model programs should be child centered and the outcome of the services directed towards a reduction of dependency on the part of the handicapped child by helping him attain his full potential for social, emotional, physical and cognitive growth. After receiving services in these model programs, many handicapped children should be able to enter regular educational systems or require less intensive levels of special education.

(c) Each program should have as its aim, demonstrating the provision of high quality services for young handicapped children which emphasize assisting the child to overcome his handicaps and attain his highest potential functioning level. Therefore, the information in a proposal should present the program's planned approach, educational and therapeutic techniques, specific objectives, and desired attainment levels for the kinds of children to be enrolled in the model program.

(20 U.S.C. 1423; 45 CFR 121d.3)

PART 3-PROPOSAL CONTENTS

SEC. 3.1 Target population served. The applicant should state briefly the eligibility criteria which will be used to determine a child's acceptance into the program. It should be indicated who (or what kind of professional) will refer the children to the program and what degree of medical, psychological, and educational assessment will be required for entrance into the program. A program may serve one or a variety of

types of handicapped children. In the case of integrated programs-those combining handicapped and non-handicapped children-Handicapped Children's Early Education Program funds may support only the costs related to serving the handicapped children.

(20 U.S.C. 1423; 45 CFR 121d.15)

SEC. 3.2 Curriculum design. (a) The applicant should state the objectives of the program and the activities directed toward their achievement, as well as the procedures which will be used for evaluating the effectiveness of the program.

(b) A sample of the daily schedule of activities and the program content should be presented. The applicant should indicate how many days per week and hours per day a child will participate in the program. It is the responsibility of the applicant to define the scope of the service year.

(20 U.S.C. 1423; 45 CFR 100a.16, 100a.26, 121d.16, 121d.14)

SEC. 3.3 Parent-family participation. The proposal should contain plans for meaningful involvement of the parents and other family members of a handicapped child in the services to be provided that child under the proposal. The following are recommended services which should be available to parents and other family members as needed. (a) Assistance in understanding and coping with the child's handicap;

(b) Psychological or social work services; (c) Information on child growth and development;

(d) Information on special education techniques;

(e) Observation of the children in the project;

(f) Carry-over activities to the home; and (g) An opportunity to participate in planning and evaluation of the program.

(20 U.S.C. 1423, 1231d; 45 CFR 121d.16, 121d.14)

SEC. 3.4 Demonstration. Plans should be detailed showing how knowledge of the exemplary aspects of the program will be disseminated. Provision should be made to provide orientation for visitors. Efforts should be made to allow for professionals visiting the program to understand its operation and to assist them in replicating either a part of or the total program.

The proposal should list the groups which the program intends to reach through demonstrations and the efforts which will be made to inform and familiarize the community with the problems and potentials of handicapped children.

(20 U.S.C. 1423; 45 CFR 121d.16, 121d.14)

SEC. 3.5 Replication. (a) Recipients should not undertake extensive replication activi

ties until after the initial planning-operational year. However, the kinds of replication activities contemplated for the second and third years should be listed.

(b) Recipients are encouraged to seek newspaper coverage and other publicity to obtain more than purely local coverage. Widespread understanding and support for early education for handicapped children is one goal of the replication efforts. Creative ideas in this area as in all others are being sought. Steps should be taken to design plans that will result in a packaging of project activities so that at the end of the grant period either all or parts of the program can be used in other communities.

(20 U.S.C. 1423; 45 CFR 121d.16, 121d.14)

SEC. 3.6 Supplementary services. The applicant should list the supplementary services, e.g., health, social services, psychological services, etc., which are available, and the agencies providing them, under three categories: (a) Services which are donated to the program, (b) services which are paid for by the program and, (c) services which are obtained through an exchange of services between the program and the agency providing the supplementary assistance. (20 U.S.C. 1423, 45 CFR 121d.14)

SEC. 3.7 Coordination with other agencies. An increasingly important aspect of coordination is assistance to other agencies serving young children, such as day care centers, Head Start Projects, and nursery schools. Specialized resource and training assistance to these agencies can make a vital contribution to their ability to serve handicapped as well as non-handicapped children. (20 U.S.C. 1423; 45 CFR 121d.17, 121d.14)

SEC. 3.8 Advisory council. The proposal should name persons, or titles of persons available and suitable to the tasks to be performed by the advisory council. The members may include local public school personnel, experts in early childhood education, child development, and special education, and handicapped adults. Persons from related fields such as health, social work, mental health, medicine, etc., may be strong additions. State Department of Education personnel may also be invited to participate. At least one council member should have expertise in Federal program management. The proposal should indicate the number of meetings to be held annually.

(20 U.S.C. 1423, 45 CFR 121d.29)

SEC. 3.9 Funding justification. A funding justification statement should be included which sets forth the reasons for funding the program. It should stress the significance of this program for national replication. Rather than citing the widespread need for services, it should indicate the need for this

specific program and should list the particular strengths of the program.

(20 U.S.C. 1423, 45 CFR 100a.16)

SEC. 3.10 Assessment of the children's progress. (a) If possible, several objectives should be stated in the proposals in behavioral terms, for the type of children being served. The proposal should indicate the process by which the children's progress will be determined and the instruments and techniques which will be used.

(b) The person responsible for the ongoing evaluation of the program should be named, along with the percentage of time he or she will be available to the program. (20 U.S.C. 1423; 45 CFR 121d.14)

SEC. 3.11 Continuation. A commitment on the part of the applying agency or related agency for continuation of the program after the period of federal funding ceases should be outlined in the proposal.

(20 U.S.C. 1423; 45 CFR 121d.14)

SEC. 3.12 Research activities. Research activities conducted pursuant to section 624(a)(1) of the Act are subject to sections 2.1-2.2 and 3.1-3.5 of the guidelines for Part E of the Act.

(20 U.S.C. 1423, 1424; 45 CFR 121d.32, 121h.1)

PART 4-OTHER

SEC. 4.1 Timetable for program activities. Major objectives for the fiscal year beginning July 1 should be indicated on a timetable. Beginning and ending dates should be indicated by timeliness for the main phases of the following major program activities: (a) Identification and initial assessment of children;

(b) Development of inservice training for the staff;

(c) Curriculum planning;

(d) Development of the evaluation component;

(e) Development of the parent participation program;

(f) Establishment and meetings of the advisory council;

(g) Training for others, if appropriate; (h) Preparation of facilities;

(i) Initiation of education and therapeutic services;

(j) Dissemination; and (k) Others.

(20 U.S.C. 1423; 45 CFR 100a.16, 100a.26, 121d.14)

SEC. 4.2 Previous experience. A brief section may be appended to indicate previous related experience of the applicant agency which is relevant to the proposed program. (20 U.S.C. 1423; 45 CFR 121d.14)

SEC. 4.3 Training of personnel. (a) The program should provide an orientation for each staff member. Each program should detail a plan for in-service activities for the entire staff of the program. These activities may include formal and informal staff meetings, workshops, national, regional and State institutes, retreats, demonstrations, work conferences, laboratory and clinical experiences, training in the use of media, and cooperative enterprises with nearby programs.

(b) A staff training coordinator should be listed for each program. Programs are encouraged to involve university or college programs and other resources such as hospitals in plans for in-service training. The program may also serve as a center for practicum or internship for university and college programs; however, training cannot supplant the demonstration of services as the primary focus of the program.

(20 U.S.C. 1423; 45 CFR 100a.26, 121e.4)

SEC. 4.4 Facilities and equipment. As required under § 100a.16 of the Office of Education general provisions regulations, the proposal for a program under this part should specifically describe the type and use of both indoor and outdoor facilities and settings (home, clinic, school, etc.) in terms of their appropriateness for the children served and the program planned. Information such as the number and approximate size of the rooms to be used for programs should be included. If facilities have not been located, specifications for the type of facilities which will be sought should be presented.

(20 U.S.C. 1423; 45 CFR 100a.16)

SEC. 4.5 Staff vitae. The staff should include personnel with backgrounds in special education. The educational experience backgrounds of each staff member and consultant should be listed. A job description which outlines both the duties and the time commitments for this program should be included. If a staff member is not currently employed by the agency a letter of intention from the selected staff member should be attached. If a specific staff member has not been selected, recruitment procedures and qualifications should be indicated. (20 U.S.C. 1423; 45 CFR 100a.16)

SEC. 4.6 Budget. (a) The budget section of the applicant's proposal should indicate only the funds which will be used for costs for the handicapped children in the case of programs serving handicapped and nonhandicapped children, since only those costs may be supported by the Handicapped Children's Early Education Program.

(b) The non-Federal share is designed to encourage local commitment through tangible involvement. It may be used to develop

broad-based support for the program by involving a variety of agencies and individuals. Increasing the percentage of the local contribution during the program period helps to further its continuation after Federal funding ceases. The staffing patterns and budgetary allocations constitute an important model aspect of exemplary demonstration programs designed to be replicated by others.

(20 U.S.C. 1423; 45 CFR 100a.16, 121d.15, 121d.31)

Subpart C-Implementation of Statewide Early Education Plans

AUTHORITY: Sec. 624, Education of the Handicapped (20 U.S.C. 1424).

SOURCE: 41 FR 33558, Aug. 10, 1976, unless otherwise noted.

§ 121d.50 Eligible parties.

Parties eligible to receive awards under this subpart are State Educational Agencies.

(20 U.S.C. 1424)

§ 121d.51 Purpose.

Payment of Federal funds under this subpart may be made for the purpose of assisting eligible parties in the implementation of Statewide plans for preschool and early education for handicapped children, and the acceleration of special services to those children.

(20 U.S.C. 1424)

§ 121d.52 Other applicable regulations.

(a) Funds provided under this subpart are subject to applicable provisions contained in Parts 100, 100a, 121, and 121e of this chapter.

(b) Subpart A (Early Educa* 1 Projects) of this part shall not apply to funds provided under this subpart. (20 U.S.C. 1424)

§ 121d.53 Applications.

An application under this subpart shall include: (a) A detailed Statewide plan for preschool and early education (as defined in § 121d.15) for all handicapped children in that State, which includes:

(1) A description including the age level and handicapping conditions of those children;

(2) Strategies for the provision of special education and related services for all of those children;

(3) A description of procedures for grouping those children according to their individual needs of special problems, for the provision of special services under the Statewide plan;

(4) A discussion of the overall goals and objectives of the Statewide plan;

(5) A timetable for the implementation of those goals and objectives for preschool and early education; and

(6) Strategies for providing parental participation in activities to be carried out under the Statewide plan.

(b) A review of existing State rules, policies, procedures and goals for the preschool and early education of handicapped children;

(c) A discussion of the relationship of the Statewide plan to the State's annual program plan under Part B of the Act;

(d) Strategies for training professional and allied personnel engaged in or preparing to engage in preschool or early education programs for handicapped children;

(e) A description of research and information gathering activities which are necessary to provide a full range of comprehensive services to meet the special needs or problems of handicapped children and their families;

(f) Plans for the development and coordination of programs which will accelerate special services to handicapped children throughout the State;

(g) A discussion of the anticipated impact of the Statewide plan on the handicapped preschool and early education population; and

(h) A description (including background and time commitment) of the staff (which may include an early childhood specialist at least half-time) to carry out the Statewide plan and activities under that plan.

(20 U.S.C. 1231d, 1424)

§ 121d.54 Criteria for selection of applications.

Applications submitted under this subpart will be evaluated under the criteria set forth in § 100a.26(b) of this chapter.

(20 U.S.C. 1424)

PART 121e-AUXILIARY ACTIVITIES

Sec.

121e.1 Scope. 121e.2 Purpose.

121e.3 Eligible parties.

121e.4 Criteria for assistance. 121e.5 Evaluation.

121e.6 Research. 121e.7 Training.

121e.8 Dissemination.

AUTHORITY: Sec. 624, Pub. L. 91-230, 84 Stat. 183 (20 U.S.C. 1424), unless otherwise noted.

SOURCE: 40 FR 7419, Feb. 20, 1975, unless otherwise noted.

§ 121e.1 Scope.

(a) This part applies to activities assisted under section 624 of the Act.

(b) Assistance provided under this part is subject to applicable provisions contained in Subchapter A of this chapter (relating to fiscal, administrative, property management, and other matters) and Part 121 of this chapter. (20 U.S.C. 1424)

§ 121e.2 Purpose.

Payment of Federal funds under this part may be made for the purpose of assisting eligible parties in such activities as:

(a) Research to identify and meet the full range of special needs of handicapped children;

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

(c) Training (either directly or otherwise) of professional and allied personnel engaged or preparing to engage in programs specifically designed for those children, including payments 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 these children. (20 U.S.C. 1424)

§ 121e.3 Eligible parties.

The Commissioner may provide assistance under this part either (a) pursuant to a grant or contract under