mean: ADA at determined in 800Canes with State law extent (notwith. standing any other provisions of the Act where the joca. educations. agent in which & chão resides makes Or contracts to make tuition payment for free public education. of such a chic II & schoo, situated in another local educational agency. In the latter cast for the purposes of sectior. ↑ of the As the attendance of such & child at such schoo, shai, be considered 1 to be attendance at a school of the local educationa. agency sc making or contracting to make such tuition payment, and 12 not to be attendance at a school of the local educationg) agency receiving such tuition payment or entitled to receive such payment under the contract.

20 US.C. 241-1/8), 244.10)

(c) "Complete application" means an application and such other supplemental information as the Commissioner may request.

(20 U.S.C. 241–1、d)

(d) "Disaster review team" means a group comprised of representatives of the Office of Education, Office of Pa cilities Engineering and Property Man agement, (DHEW), the State educa tional agency when available) and local educational agencies.

(20 U.S.C. 241 1(a))

(e) "Filed" means that all necessary parts of the complete application bear ing the required certification and ver

ifications by the State educational agency are received by the Commissioner on or before the applicable filing date.

(20 U.S.C. 241-1(d))

(f) "Incident period" means: (1) For major disasters, those days officially designated by the President or his representative as the dates upon which major disaster damages occurred; (2) For pinpoint disasters the day(s) determined by the Commissioner to be the date(s) on which the pinpoint disaster damages occurred.

(20 U.S.C. 241-1)

(g) "Latent damages" means those damages which, in the judgment of the Commissioner, constitute disastercaused damages to instructional and maintenance supplies, equipment, materials, and school facilities which damages may not be apparent immediately following the incident period of the disaster.

(20 U.S.C. 241-1(b))

(h) "Local educational agency" is defined in sections 403(6)(A) and 7(a)(1)(A) of the Act.

(20 U.S.C. 244(6)(A), 241-1(a)(1)(A))

(i) "Major disaster area" means an area which is determined, pursuant to sections 102(a) and 301 of the Disaster Relief Act of 1974 to have suffered, after August 30, 1965, a major disaster as a result of any flood, drought, fire, hurricane, earthquake, storm, or other catastrophe which is or threatens to be of sufficient severity and magnitude to warrant disaster assistance by the Federal Government. That certification which section 301 of the Disaster Relief Act of 1974 requires from the Governor of the State in which such area is located (of the need for disaster assistance in such area and the assurance of the expenditure of a reasonable amount of the funds of the government of that State, or of any political subdivision thereof) will also be deemed to meet the certification requirement contained in section 7(a)(2) of the Act.

(20 U.S.C. 241-1(a)(1)(A), (a)(2); 84 U.S.C. 1748)

(j) "Minor repairs" means that restoration of equipment, materials, and portions of school and cafeteria facilities (including site, grading, and improvements) to their original condition or efficiency from a disaster-damaged condition and which restoration is immediately necessary and may be accomplished within a reasonably

short period of time.

(20 U.S.C. 241-1(b), 244(13))

(k) "Pinpoint disaster" as used in this part means one caused by a flood, hurricane, earthquake, storm, fire, or other catastrophe. Such disaster must be local in extent and not of sufficient severity or magnitude to be determined by the President to be a major disaster pursuant to section 2(a) of the Act of September 30, 1950 (42 U.S.C. 1855a(a)). It does not include loss or damage caused by negligence or malicious action. In the case of a disaster of unknown origin, such as a fire, it will be presumed that such disaster is not a pinpoint disaster within the meaning of this part, unless sufficient evidence is presented to enable the Commissioner to determine that the disaster was not caused by negligence or malicious action.

(20 U.S.C. 241-1(a))

(1) "Repayable advance" means funds furnished by the Commissioner to any local educational agency, which the Commissioner shall be entitled to recover as set forth in the terms and conditions of the advance.

(20 U.S.C. 646(a))

(m) "School facilities" as used in this part is defined in the Act at section 403(13). Such term includes only such facilities which

(1) Were in use prior to the occurrence of a major disaster, or a pinpoint disaster, including classrooms and related facilities;

(2) Are newly constructed facilities which the applicant accepted from the builder as being completed; and

(3) Are facilities for the repair of which the local educational agency or public agency is legally responsible under the State law. Such facilities may include cafeteria facilities. (20 U.S.C. 244(13))

(n) “State financial assistance" (or “State aid”) with respect to free public education means any contribution, for which no repayment is expected, made by a State to or on behalf of a local educational agency within the State for the support of free public education. For the purposes of section 7(a) of the Act, such assistance does not include those payments by a State to or on behalf of a local educational agency which are made as a result of a disaster.

(20 U.S.C. 241-1(a)(3), 240(d)(2))

(0) "Terms and conditions” include the duration of loan, the method of repayment, and other pertinent requirements applicable to the Commissioner's advance.

Subpart B-Financial Assistance in Areas Affected by Disasters

§ 113.2 Financial assistance for providing free public education pursuant to section 7(a) of the Act.

(a) The Commissioner will, upon receipt of a complete application under section 7(a) and approval thereof, provide financial assistance, in amounts calculated pursuant to section 7(a) and § 113.2(c). (1) In the case of a major disaster, such assistance shall commence with the fiscal year in which the determination is published in the FEDERAL REGISTER that the local educational agency suffered a major disaster or with the fiscal year in which the disaster-causing incident in the local educational agency terminated, whichever is later.

(2) In the case of a pinpoint disaster, such assistance shall commence with the fiscal year in which the Commissioner makes a determination that the local educational agency has suffered a pinpoint disaster or with the fiscal year in which the disaster-causing incident in the local educational agency terminated, whichever is later.

(b) Such assistance may be continued for as many as four additional consecutive fiscal years after the fiscal year of commencement, as described in the preceding paragraph, on the basis of complete applications approved during each fiscal year for which assistance is to be paid. Thus,

there is a maximum of five fiscal years for which assistance may be paid under section 7(a) with respect to a particular disaster. The amount of such Federal financial assistance for providing free public education at a preexisting level shall not exceed 75 percent during the third of such fiscal years, 50 percent during the fourth and 25 percent during the fifth, of the amount of assistance paid under section 7(a) for the second fiscal year of such five-year period.

(c) The amount of financial assistance so provided by the Commissioner to the agency for use during any fiscal year will not exceed the amount which the Commissioner determines to be necessary to enable such an agency, with the other funds available to it for such a purpose, to provide a level of education equivalent to: (1) That maintained in the schools of such agency prior to the occurrence of such disaster, taking into account, in the case of a major disaster, the additional costs reasonably necessary to carry out section 7(a)(4) of the Act, or (2) that are required to meet the budgeted or actual current operating expenditures, whichever is lesser.

(d) The amount of unobligated cash carryover for current operating expenditures to the fiscal year of the disaster (from the fiscal year prior to the disaster) will not be considered to be revenue available unless such carryover exceeds ten percent of the amount budgeted for current operating expenditures in the fiscal year of the disaster. When a carryover balance does not exist or a deficit balance exists, the creation of a carryover balance in subsequent fiscal years will not be considered a cost for purposes of determining Federal assistance under section 7(a).

(20 U.S.C. 241-1(a))

§ 113.3 Assistance for the replacement of supplies, equipment, and materials for minor repairs and for the leasing of facilities pursuant to section 7(b) of the Act.

(a) The Commissioner will provide an amount of assistance which he determines, on the basis of a complete application filed for assistance under section 7(b) of the Act to a local edu

cational agency which is eligible for assistance pursuant to section 7(a) of the Act (following the inspection by the disaster review team and the issuance of a provisional authorization), is necessary for one or more of the following activities:

(1) To replace instructional and maintenance supplies, equipment and materials (including textbooks), whether or not acquired through the use in whole or in part of Federal funds made available under other programs, which have been destroyed or seriously damaged as a result of a disaster and which will not be replaced by other Federal programs.

(2) To make minor repairs (as defined to § 113.1(j)), or

(3) To lease or otherwise provide (other than by the acquisition of land or the erection of buildings) school and cafeteria facilities needed to replace temporarily such facilities which have been made unavailable as a result of the disaster. Such lease or provision may not include gymnasiums and similar facilities intended primarily for exhibitions for which admission is charged to the general public or which have (i) outdoor seating in excess of the total number of pupils enrolled in the school of the system, (ii) ticket booths or stands, and (iii) lighting stands, fixtures, etc., for nighttime events.

(4) If assistance is requested for activities under paragraphs (a) (1), (2), or (3) of this section in connection with gymnasiums and similar facilities, data must be submitted to substantiate that such gymnasiums and similar facilities are not intended primarily for exhibitions for which admission is to be charged to the general public.

(b) Amounts necessary for activities described under § 113.3(a) may include reasonable expenditures for:

(1) Preventive work. If an applicant incurs expenditures in order to prevent disaster damage (such as expenditures to keep drains clean, build dikes to divert water from washing out playgrounds), assistance may be authorized if (i) the work is done immediately before and in anticipation of the disaster, or during the disaster, (ii) the work is done on or immediately adja

cent to the school site, and (iii) the work is restricted to that which the Commissioner determines could reasonably have been expected to prevent further disaster damage.

(2) Use of applicant-owned equipinent. When an applicant owns heavy equipment which is suitable to repair disaster damage (including debris removal, and site redevelopment) and uses such equipment to make necessary repairs, assistance may be authorized for the cost of the use of its equipment to repair eligible disaster damage at the pre-disaster rental rate for similar equipment in the area. Applications for reimbursement for the use of such applicant-owned equipment to repair eligible disaster damage must be supported by documentation for each piece of equipment including: (i) Type and description of equipment;

(ii) Number of hours used each specific day;

(iii) Total hours used;

(iv) Description of location and work on which equipment was used; and

(v) Data substantiating pre-disaster rental rate for similar equipment in the same area.

(3) Payment for work performed by applicant's maintenance employees. When an applicant uses maintenance employees during their regularly scheduled work hours for the repair of disaster caused damage, or to take action designed to prevent more extensive damage, assistance may be authorized for such work for the time during which the employees would otherwise have worked at regularly scheduled school maintenance work had there been no disaster. Additional assistance may also be authorized for overtime payments to such overtime employees for the maintenance, repair, or arrest of disaster-caused damages. All assistance for payment of applicant's employees will be based on the prior policy and practice of the applicant, including wage rates, in the payment of such employees.

(4) Utilities. Assistance may be authorized for the cost of utilities in temporary or leased facilities, including the necessary installation costs.

(5) Replacement of equipment. Assistance may be authorized at the fair

market value for the repair or replacement of equipment (including vehicles such as automobiles, trucks and tractors). Assistance may be authorized for replacing, rather than repairing nontubular furniture of metal construction which has been submerged in salt water and for replacing rather than repairing furniture of tubular construction which has been submerged in fresh water. However, assistance for replacement costs of disaster damaged equipment which an applicant has obtained as surplus property and which was selected and procured on a basis other than its being essential to school operation will be based upon the out-of-pocket cost to the applicant at the time of acquisition. The amount of Federal disaster assistance with reference to the repair or replacement of seriously damaged or destroyed school buses used in the daily transportation of pupils shall be determined after examination of the State transportation assistance program to establish the amount, if any, of such State assistance attributable to those buses which were seriously damaged or destroyed. Federal aid shall be limited to the actual cost of repair or replacement of those buses seriously damaged or destroyed less such State transportation assistance, insurance proceeds, and salvage or trade-in value payable on such school buses.

(6) Off-site work. Assistance may be authorized for emergency provision of off-site repairs to permit access to school facilities when consistent with State law, provided that such work may not be done legally or expeditiously by another local governmental unit.

(7) Trees, shrubs and seeding. When trees and shrubbery have been lost or have been so badly damaged as to require replacement, assistance may be authorized for their replacement with trees and shrubs of like type, but not to exceed the cost of the size customarily used for new plantings on the sites of newly constructed school facilities within the State.

(8) Architectural and engineering fees. Assistance for architectural and engineering fees which are related to authorized minor repairs or replace

ments may be authorized. The amount of such reimbursement shall not exceed the usual rate applicable in the State for similar work.

(9) Damage of school facilities during replacement. If a school facility suffers disaster damage while under construction or renovation, assistance may be authorized only to the extent that the applicant satisfies the Commissioner that insurance proceeds are not available for the necessary repair or replacement. However, if the applicant was in the process of taking formal action at the time of the disaster to replace temporary, or obsolete school facilities with other facilities, no assistance will be authorized for the temporary or obsolete facilities.

(10) Damages to school facilities during disaster recovery. Assistance may be authorized for minor repairs of school facilities (including paving and turf) which must be damaged in order to reestablish school operations. However, assistance will not be authorized to compensate for the use of such school facilities in an activity for which the school authorities are not responsible (including their use as a refugee center, for quartering the National Guard, or for a National Guard motor or equipment pool).

(11) Administrative expenses. Assistance may be authorized for expenses identified as overtime payments to regular applicant employees or for pay to extra clerical help hired specifically to: (i) Develop and maintain data to substantiate and support disaster repair, replacement and related expenses, or (ii) to maintain adequate and efficient records concerning the use of disaster assistance. Assistance will not be authorized for salaries, wages, and expenses of regularly employed administrative personnel who are engaged, during regularly scheduled school hours, in disaster recovery work or work necessary to develop a determination of the extent of disaster damages or to complete and file disaster applications.

(12) Temporary facilities. (i) Assistance may be authorized to lease or otherwise provide (other than by acquisition of land or erection of facilities) school and cafeteria facilities needed to replace temporarily such fa