recipient shall be deemed to have exhausted the Office of Education's informal procedures upon its receipt of the notice of termination. (h) Effective date of termination. Termination of assistance under this section will be effected by the delivery to the recipient of the notice of termination under paragraph (b) of this section; or, where the recipient invokes the procedures available under paragraph (g) of this section, upon a final decision under § 16.10 of this title. (i) Effect of termination. (1) In the event assistance is terminated under this section, financial obligations incurred by the recipient prior to the effective date of such termination will be allowable to the extent they would have been allowable had such assistance not been terminated, except that (i) no obligations incurred during the period in which such assistance was suspended and no obligations incurred in anticipation of suspension or termination will be allowed and (ii) the recipient shall cancel as many outstanding obligations as possible. (2) Within 60 days of the effective date of termination of assistance under this section, the recipient shall furnish an itemized accounting of funds expended, obligated, and remaining. Within 30 days of a request therefor, the recipient shall remit to the Government any amounts found due. (20 U.S.C. 1221c(b)(1); OMB Circular No. A102, Attachment L, 2-3.) § 100a.496 Termination on other grounds. (a) Except for matters subject to § 100a.495, grants and contracts may be terminated in whole or in part only as follows: (1) By the Commissioner with the consent of the recipient, in which case the two parties shall agree upon the termination conditions, including the effective date and in the case of partial terminations, the portion to be terminated, or (2) By the recipient, upon written notification to the Commissioner, setting forth the reasons for the termination, the effective date, and in the case of partial terminations, the portion to be terminated. Sec. 100b.407 Requests for supplementary Treasury checks. Subpart Q-Monitoring and Reporting of 100b.430 Scope of subpart. 100b.431 Monitoring by State agencies. 100b.432 Performance reports for nonconstruction grants. 100b.433 Performance reports for construction grants. 100b.434 Significant developments between scheduled reporting dates. 100b.436 Site visits. Subpart R-Accountability for Federal Funds 100b.477 Retention of records. 100b.495 Termination of program. AUTHORITY: Sec. 403(b)(1), Pub. L. 90-247, 86 Stat. 327 (20 U.S.C. 1221c(b)(1)), unless otherwise noted. SOURCE: 38 FR 30679, Nov. 6, 1973, unless otherwise noted. Subpart A-General § 100b.10 Scope. Except to the extent inconsistent with an applicable statute or regulation, the provisions contained in this part apply to all Federal programs of assistance authorized under the following authorities: (a) Financial assistance to State agencies and local educational agencies under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 241a); (b) School library resources, textbooks, and other instructional materials under title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 821); (c) Supplementary educational centers and services; guidance, counseling, and testing under title III of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 841); (d) Libraries and learning resources and educational innovation and support under title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 1801); (e) Education of handicapped children under part B of the Education of the Handicapped Act (20 U.S.C. 1411); (f) State vocational education programs under sections 101-150 of Part A of Title I of the Vocational Education Act of 1963, as amended (20 U.S.C. 2301-2380). (g) Programs under the Adult Education Act (except section 314 thereof) (20 U.S.C. 1201); (h) Community service and continuing education programs under title I of the Higher Education Act of 1965 (except section 106 thereof) (20 U.S.C. 1001); (i) Financial assistance for strengthening instruction in science, mathematics, modern foreign languages, and other critical subjects under title III-A of the National Defense Education Act of 1958 (except section 305 thereof) (20 U.S.C. 441); (j) Programs under the Library Services and Construction Act (20 U.S.C. 351); (k) Attracting and qualifying teachers to meet critical teacher shortages under part B-2 of the Education Professions Development Act (20 U.S.C. 1108); and (1) State reading improvement programs under part B of title VII of the Education amendments of 1974 (20 U.S.C. 1941). (20 U.S.C. 1221e-3(a)(1)) [41 FR 1395, Jan. 7, 1976, as amended at 42 FR 46050, Sept. 14, 1977; 42 FR 53828, Oct. 3, 1977] EFFECTIVE DATE NOTE: The provisions of paragraph (f) become effective November 10, 1977, and paragraph (1) expires October 31, 1977; sec. 431(d) of the General Education Provisions Act. For the convenience of the user, the superseded text is set forth below: (f) Vocational education programs under the Vocational Education Act of 1963; part B (State Vocational education programs); part C, section 131(b) (Research and training in vocational education); part D, section 142(d) (Exemplary programs and projects); part E, section 152 (Residential vocational education-State programs); part F (Consumer and homemaking education); part G (Cooperative vocational education programs); and part H (Work-study programs for voca tional education students) (20 U.S.C. 1262, 1281(b) 1302(d), 1322, 1341, 1351, and 1371); Subpart B-State Plans, General Applications, and Annual Program Plans SOURCE: 41 FR 1395, Jan. 7, 1976, unless otherwise noted. SCOPE § 100b.15 Scope of subpart. (a) A State shall comply with §§ 100b.16-100b.19 (inclusive) with respect to each of the programs set forth in § 100b.10 under which any of the Federal funds are made available for assistance to local educational agencies through, or under the supervision of the State educational agency of that State. (20 U.S.C. 1232c(b)(1)(A)) (b) Sections 100b.28-100b.36 (inclusive) apply to all of the programs set forth in § 100b.10. (20 U.S.C. 1221e-3(a)(1)) REQUIREMENTS RELATING TO THE GENERAL APPLICATION AND ANNUAL PROGRAM PLANS § 100b.16 Implementation of application procedures. The purpose of §§ 100b.16-100b.19 is to implement section 434(b)(1) and (2) of the General Education Provisions Act, as amended, which provides for the submission of general applications and annual program plans by States which desire to participate in one or more of the Federal programs referenced in § 100.b, 15(a). (20 U.S.C. 1232c(b)(1), (2)) § 100b.17 General applications. (a) The general application of a State must meet the requirements of section 434(b)(1)(A) of the General Education Provisions Act. (b) A State does not have to resubmit its general application. (20 U.S.C. 1232c(b)(1)(A).) (c)(1) The following statues require that a State must submit crtain provisions to the Commissioner which are similar to provisions in the general application. (2) Subject to paragraph (d) of this section, if the Commissioner has approved a State's general application, the State does not have to submit the provisions required under the following statutes: (i) Compensatory education. Section 142(a) (2) and (3) of Title I of the Elementary and Secondary Education Act of 1965, as amended. (20 U.S.C. 1232c(b)(1)(A)(ii), (II), (III).) (ii) School library resources. Section 203(a) (5), (6) and (7) of Title II of the Elementary and Secondary Education Act of 1965, as amended. (20 U.S.C. 1232c(b)(1)(A)(ii), (II), (III), and (IV).) (iii) Supplementary educational centers and services; guidance, counseling, and testing. Section 305(b) (9)(B), (10), and (11) of Title II of the Elementary and Secondary Education Act of 1965, as amended. (20 U.S.C. 1232c(b)(1)(A)(ii), (II), (III) and (IV.) (iv) Education of the handicapped. Section 613(a) (7)(A), (9)(B), and (10) of Part B of the Education of the Handicapped Act, as amended. (20 U.S.C. 1232c(b)(1)(A)(ii), (II), (III) and (IV).) Section (v) Adult education. 306(a)(6) and (7) of the Adult Education Act, as amended. (20 U.S.C. 1232c(b)(1)(A)(ii), (II), (III).) (vi) Strengthening instruction in academic subjects. Section 1004(a) (2) and (3) of Title X of the National Defense Education Act of 1958, as amended. (20 U.S.C. 1232c(b)(1)(A)(ii), (II), (III).) (vii) State reading improvement programs. Section 714(a)(10) of Title VIIB of the Education Amendments of 1974. (20 U.S.C. 1232c(b)(1)(A)(ii), (III).) (d)(1) The general application does not change the legal substance of the provisions listed under paragraph (c)(2) of this section. § 100b.18 Annual program plan. (a) Any State which desires to participate in one or more of the programs referenced in § 100b.15(a) shall submit an annual program plan (for each such program) which meets the requirements of section 434(b)(1)(B) of the General Education Provisions Act. (b) Each annual program plan shall include: (1) a statement describing the purposes for which Federal funds will be expended during the fiscal year for which the annual program plan is submitted; and (2) all provisions required by statute or regulation to be in the State plan, annual program plan, State application, or State agreement (as the case may be) under that program, except that the provisions referenced in § 100b.17(c) may be omitted. (c) In meeting the requirement of paragraph (b)(2) of this section, with respect to a particular program, States may incorporate by reference pertinent documents or specified portions of such documents (such as State plans) which have been previously approved by and are currently on file with the Commissioner. (d) Except as provided in this subpart, all requirements imposed by statute or regulation governing the preparation, submission, and administration of State plans, State applications or other similar documents submitted by a State as the basis for participation in one of the Federal programs referenced in § 100b.15(a), shall apply to the preparation, submission, and administration of annual program plans submitted under this subpart in lieu of such documents. (e) States may submit annual program plans covering individual Federal programs separately or together. (f) States will keep such records and afford such access thereto as the Commissioner finds necessary to assure the correctness and verification of reports. (20 U.S.C. 1232c(b)(1)(B), (b)(2)) § 100b.19 State plan requirements. Submission of a general application and an annual program plan under this subpart shall be in lieu of submission of the individual State plan, State application, or other similar document under the applicable program referenced in § 100b.15(a). (20 U.S.C. 1232c(b)(2)) GENERAL REQUIREMENTS § 100b.28 Amendments. (a) Whenever there is any change in the content or administration of the program, or whenever there is any change in pertinent State law or in the organization, policies, or operations of the State agency which materially affects the program: (1) The annual program plan (or State plan, as the case may be), shall be appropriately amended and (2) such amendment shall be submitted to the Commissioner for his approval. (b) Substantive amendments shall be subject to approval in the same manner as the original plan. (20 U.S.C. 1221e-3(a)(1); 1232c(b)(1)) § 100b.29 Budget revisions and minor deviations. (a) Needs of State government. The State agency shall notify the Commissioner promptly whenever the amount of authorized funds under a Federal program is expected to exceed the needs of the State agency by more than $5,000 or 5 percent of the amount of Federal authorized funds, whichever is greater. (20 U.S.C. 1221e-3(a)(1); 34 CFR Part 256, Appendix D) (b) Deviations. Expenditures of State agencies and subgrantees will not be considered ineligible for Federal financial participation solely because of minor deviations from an approved plan, application, agreement, project, or budget: Provided, (1) That the expenditures in question are in ac |