upon borrowers of similar items purchased with funds derived from other sources. (20 U.S.C. 823) § 117.10 Accessibility of instructional materials. Unless such action is prohibited by State law, school library resources, textbooks, and other printed and published instructional materials acquired with funds under title II of the Act shall be made available for the use of children and teachers in private elementary and secondary schools on an equitable basis. Catalogs or list of instructional materials acquired under the annual program plan or such other system or systems as may be approved by the Commissioner which will assure the reasonable accessibility and availability of instructional materials to children and teachers in both public and private schools shall be maintained. Such catalogs or lists may be limited in content, for example, to instructional materials designed for children with special needs or to instructional materials supporting particular areas of curriculum and which are not otherwise generally available to the affected children and teachers. Such catalogs or lists or other systems may be maintained on the basis of such limited and defined geographical areas as may be appropriate to assure distribution of materials on a feasible basis. Another method may be the use of a central depository system. The circulation of such instructional materials shall be subject to such restrictions as may be required to maintain an equitable distribution thereof among the children and teachers. Loan terms should be based on educational principles of service to instructional programs so that the children and teachers for whom the school library resources, textbooks, and other printed and published instructional materials are selected will not be deprived of their use when needed. (20 U.S.C. 823) § 117.11 Charge for use. No charge may be levied against children and teachers for the use of any school library resources, text books, and other printed and published instructional materials acquired under title II of the Act. (20 U.S.C. 823) § 117.12 Inventory. The public agency and the Departments of Interior and Defense in which title to school library resources, textbooks, and other printed and published instructional material is vested shall indicate ownership by appropriate marking of each item in a permanent manner and shall maintain an inventory record of such items, revised annually. The inventory records shall be maintained for the useful life of such items. The methods for inventorying and maintaining records of such materials employed by the public agency retaining title shall be subject to the approval of the State agency administering the plan. Inventory records of such materials shall be compiled and maintained by the public agency retaining title and actual administrative control through the use of publicly employed personnel. The methods of inventorying shall include appropriate provisions for substantiating the inventories by onsite inspection. The State agency shall establish a policy for removing items from inventory by procedures consistent with established State or local public agency policies relative to loss, obsolescence, or rate of deterioration of such resources, textbooks, and materials. (20 U.S.C. 823) § 117.13 Religious worship or instruction. In accordance with § 100b.59 of this chapter, no payments under this part may be made for the acquisition of school library resources, textbooks, or other instructional materials to be utilized for religious worship or instruction. (20 U.S.C. 885) Subpart D-Availability of Funds § 117.19 Allotment of funds. (a) State allotment. The Federal Government will pay from each State's allotment amounts equal to the sums expended by the State under an approved annual program plan for (1) the acquisition of school library resources, textbooks, and other printed and published instructional materials for the use of children and teachers in public and private elementary and secondary schools in the State; and (2) the administration of the plan. In no case will the amount paid for administration of the plan for any fiscal year exceed 5 percent of the amount paid to the State under title II of the Act, or $50,000, whichever is greater. (b) Reduction in State allotment. In any State which has an approved annual program plan and in which no State agency is authorized by law to provide school library resources, textbooks, and other printed and published instructional materials for the use of children and teachers in any one or more elementary or secondary schools in that State, the Commissioner will arrange to provide on an equitable basis such resources, textbooks, and other materials for the use of these children and teachers. In such an event, the Commissioner will pay the cost thereof for any fiscal year out of the State's allotment. (c) Allotments to the Departments of the Interior and Defense. Such amount shall be allotted to the Secretary of the Interior as is necessary to provide school library resources, textbooks, and other printed and published materials for the use of children and teachers in elementary and secondary schools operated for Indian children by the Department of the Interior and to the Secretary of Defense such amount as is necessary for such provision for children and teachers in the overseas dependent schools of the Department of Defense. (20 U.S.C. 822, 823, 824) § 117.20 Acquisition of instructional materials. Acquisition of school library resources, textbooks, and other printed and published instructional materials with financial participation under title II of the Act-notwithstanding the definition of “acquisition" set forth in § 100.1 of this chapter-includes the necessary and essential cost of ordering, processing, and cataloging of such resources and delivery of them to the initial place at which they are made available for use. Funds under title II of the Act are not available for the rebinding or repairs of such resources, textbooks, or materials. (20 U.S.C. 823) § 117.21 Administration of the annual program plan. Functions. Funds allotted to States under title II of the Act are available, up to the limits specified in § 117.19 for the administration of the annual program plan. Of the funds so made available for administration of the plan, appropriate amounts shall be allocated to local educational agencies for responsibilities assigned to them by the State agency for making accessible loaned materials in accordance with § 117.10. The administration of the plan involves functions such as: (a) The development of short- and long-term policy for making school library resources, textbooks, and other printed and published instructional materials available for the use of children and teachers in the elementary and secondary schools of the State; (b) The development, revision, dissemination, and evaluation of standards relating to the selection, acquisition, and use of school library resources, textbooks, and other printed and published instructional materials; (c) State supervisory services and evaluation of programs for the acquisition and use of school library resources, textbooks, and other printed and published instructional materials; (d) Inventorying of acquisitions made under title II of the Act and the maintaining of other requisite records; (e) The control of loaned materials in accordance with § 117.10; and (f) The rendering of such reports as the Commissioner may require. (20 U.S.C. 823, 1231c(b)) § 117.22 Relation to public library system. Federal funds made available under title II of the Act shall not be used to supplant or duplicate, unnecessarily, functions of the public library system of the State. (20 U.S.C. 823) § 117.23 Administration by Departments. An amount not to exceed 5 percent of the funds made available respectively to the Department of the Interior and the Department of Defense shall be made available to each Department for administration in a manner consistent with § 117.21. (20 U.S.C. 822) Subpart E-State Administration § 117.35 Advisory committees. If State advisory committees are used with respect to one or more aspects of the annual program plan, the State agency shall establish policies for the establishment of the committees for the qualification and selection of members, for the establishment of the duties of members and of the committees, and for the payment of committee expenses, if any. (20 U.S.C. 823) § 117.36 Financial interest prohibited. Administrative decisions under § 100b.250 of this chapter include, but are not limited to, the making of a contract for the acquisition of school library resources, textbooks, or other printed and published instructional materials under such a project, or the granting or withholding of approval of the acquisition or use of such resources, textbooks, or materials. State agencies shall take such action as is necessary to avoid preferential treatment on the basis of authorship or other personal interests in relation to the sale or distribution of such resources, textbooks, or materials. (20 U.S.C. 1232c(b)(1)) § 117.37 Administrative review and evaluation. The State agency and the Departments of the Interior and Defense shall provide for administrative review and evaluation of their programs and operations under title II of the Act at least annually. Such evaluation shall be made in relation to the criteria used for equitable distribution and the identifying and serving of needs and will include the review, redefinition, and refinement of meaningful stand (a) In general. The amount of any State allotment under title II of the Act for any fiscal year which the Commissioner determines will not be required for such fiscal year shall be available for reallotment, from time to time, on such dates during such year as the Commissioner may fix, to other States in proportion to the original allotments to such States under title II of the Act for that year, but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Commissioner estimates such State needs and will be able to use for such year; and the total of such reduction shall be similarly reallotted among the States whose proportionate amounts were not so reduced. (b) Statements of anticipated need. In order to provide a basis for reallotment by the Commissioner under title II of the Act, each State agency administering a program under title II of the Act shall, if requested, submit to the Commissioner, by such date or dates as he may specify, a statement or statements showing the anticipated need during the current fiscal year for the amount previously allotted, or any amount needed to be added thereto. Such further information as the Commissioner may request for the purpose of making reallotments shall be reflected in such statements. (20 U.S.C. 822) Sec. 118.53 Annual and other reports. 118.54-118.58 [Reserved] GUIDELINES: ESEA Title III, Sections 30105, 307-08. AUTHORITY: 20 U.S.C. 841-844a, 845-847a. Interpret or apply 20 U.S.C. 841-847a, 881, 885, and 1232-1232c. SOURCE: 40 FR 51011, Nov. 3, 1975, unless otherwise noted. Subpart A-Scope of Regulations; § 118.1 Scope of regulations. The regulations published in this part are applicable to grants to States for planning and establishing supplementary educational centers and services and guidance, counseling, and testing programs. Regulations applicable to grants for such purposes by the U.S. Commissioner of Education directly to local educational agencies pursuant to section 306 of Title III of the Elementary and Secondary Education Act of 1965, as amended (20 U.S.C. 844b), have been published in Part 126 of this title. Allotments of Federal funds under Title III of the Act to the Departments of Interior and Defense pursuant to section 302(a)(1) of the Act (20 U.S.C. 842(a)(1)) shall be governed by such terms and conditions consistent with the Act as may be mutually agreed upon by these Departments and the Commissioner. Assistance provided under this part is also subject to applicable provisions contained in subchapter A of this chapter (relating to fiscal, administrative, property management, and other matters). (20 U.S.C. 842(a)(1)) § 118.2 Definitions. As used in this part: "Act" means the Elementary and Secondary Education Act of 1965, Pub. L. 89-10, as amended. (20 U.S.C. 841-844a, 845-849) "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 391 listen, think, speak, read, write, spell, or do mathematical 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. 843(b)(3)) "Construction" means (a) the erection of new or expansion of existing structures, and the acquisition and installation of equipment therefor; (b) the acquisition of existing structures not owned by the agency making application for assistance under Title III of the Act; (c) the remodeling or alteration (including the acquisition installation, modernization, or replacement of equipment) of existing structures; or (d) a combination of any two or more of the foregoing. (20 U.S.C. 881(b)) "Cultural and educational resources" includes State educational agencies, institutions of higher education, private schools, public and nonprofit private agencies such as libraries, museums, musical and artistic organizations, educational radio and television, and other cultural and educational resources. (20 U.S.C. 844(a)) "Dissemination" means communications with people about the operations and outcomes of demonstrations of exemplary practices in education in order to facilitate the adoption and replication of tested educational innovations in the host school system and other school systems in the State. (20 U.S.C. 843(c)(3)) "Exemplary," as applied to an educational program, project, service, or activity, means one designed to serve as a model for a regular school program. (20 U.S.C. 843(b)(2)) "Free public education" means education which is provided at public expense, under public supervision and di rection, and without tuition charge, and which is provided as elementary or secondary school education in the applicable State. Elementary education may include kindergarten education meeting the above criteria. (20 U.S.C. 845) "Guidance and counseling," in relation to activities undertaken pursuant to section 303(b)(4) of the Act (20 U.S.C. 843(b)(4)), refers to (a) services to pupils to assist them in assessing and understanding their particular abilities, educational needs, and career and vocational interests in light of all applicable environmental factors and (b) assistance in personal and social development, including the development of a positive self-concept when related to career and vocational guidance and counseling. (20 U.S.C. 843(a), (b)(4)) "Handicapped children" means those children who are mentally retarded, hard of hearing, deaf, speechimpaired, visually handicapped, seriously emotionally disturbed, crippled, or other health-impaired, 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 843(b)(3)) "Innovative," as applied to an educational program, project, service or activity, means new or improved ideas, practices, or techniques. (20 U.S.C. 843(b)(3)) "Junior college" means an institution of higher education which (a) is organized and administered principally to provide a one-year or two-year program which is acceptable for full credit toward a bachelor's degree; (b) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate; (c) is legally authorized within the State to provide a program of education beyond secondary education; (d) is a public or other nonprofit institution; (e) is ac |