served (including the State official or officials, or their designees, who are responsible for special education), at least one parent of a deaf-blind child in the area to be served, and at least one representative from each of the allied disciplines of medicine, social service, and rehabilitation services (which may include a representative of the National Center for Deaf-Blind Youths and Adults). (2) The regional committee shall actively assist in (i) the planning, development, and operation of the regional center, (ii) the dissemination of information regarding the regional center's programs, (iii) the assessment of regional needs regarding deaf-blind children and the establishment of priorities respecting those needs for the region, and (iv) the evaluation of the extent to which the objectives of the regional center meet established short and long range regional goals.

(c) Staff. The regional center staff shall (1) stimulate early identification and followup of all deaf-blind children in the region, (2) maintain adequately organized records on each such child, and (3) stimulate, support, and monitor services, research, training, and evaluation provided or carried out by the regional center.

(d) Participating agencies. Participating agencies may include eligible parties which are health, education, or social service agencies or institutions in the region to be served, and which are engaged in, or responsible for, direct delivery of services to deaf-blind children or their families, regardless of whether those agencies are assisted through contracts with the sponsoring agency or are assisted from other public or private sources.

(20 U.S.C. 1422)

Subpart C-Geographical
Requirements

§ 121c.22 Need for center.

In providing assistance under this part, the Commissioner will take into consideration the need for a center for deaf-blind children in the light of the general availability and quality of existing services for such children in the region to be served.

(20 U.S.C. 1422(c))

§ 121c.23 Regional plan.

Each application for assistance under this part shall include a comprehensive plan to meet the special needs of deaf-blind children in the region to be served. In the case of an application for a continuation award, the regional committee established under § 121c.12(b) shall actively assist in the development of this regional plan. (20 U.S.C. 1422)

Subpart D-Services and Activities

§ 121c.33 Services.

Each regional center assisted under this part shall provide at least the following services:

(a) Comprehensive and continuing diagnostic and evaluative serves for deaf-blind children. Such services shall include (1) examinations by the following qualified personnel: Audiologists, opthalmologists, pediatricians, and other special consultants as needed, such as child psychologists, optometrists, orthodontists, pediatric neurologists, cardiologists, otorhinolaryngologists, speech pathologists, and occupational and physical therapists and (2) continuing psychoeducational assessments of intellectual, social-adaptive, and communication abilities, and emotional adjustment.

(b) A program for the adjustment, orientation, and education of deafblind children which integrates all the professional and allied services necessary therefor. This program may include therapeutic and adapted recreational and/or physical education activities and services.

(c) Effective professional consultative and counseling services for parents, teachers, and others who play a direct role in the lives of deaf-blind children, to enable them to understand the special problems of those children and to assist in the process of adjustment, orientation, and education of those children.

(20 U.S.C. 1422(d)(1))

§ 121c.34 Additional activities.

(a) In addition to the services specified in § 121c.33 each regional center shall carry out the following activities under Part 121e of this chapter:

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

(2) Training (either directly or otherwise) of professional and allied personnel engaged or preparing to engage in programs specifically designed for those children, including payment of stipends for trainees and allowances for travel and other expenses for them and their dependents; and

(3) Dissemination of materials and information about practices found effective in working with those children.

(b) Each regional center shall provide for continuing evaluation of the effectiveness of each program or project assisted under this part, either directly or by contract with independent organizations.

(c)(1) Each regional center may also conduct research under section 624(a)(1) of the Act and Part 121e of this chapter to identify and meet the full range of special needs of deafblind children.

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

(3) Research activities under section 624(a)(1) of the Act are subject to applicable requirements contained in §§ 121h.1(b), 121h.4, and 121h.7 of this chapter, as well as applicable provisions contained in Part 121e of this chapter and sections 2.1-2.2 and 3.13.5 of the guidelines for Part E of the Act.

(20 U.S.C. 1422, 1424)

§ 121c.35 Construction and equipment.

Establishment and operation of regional centers under this part may include the construction of necessary facilities, including the construction of necessary residential facilities, and may include the acquisition of necessary equipment.

(20 U.S.C. 1404, 1422(b))

§ 121c.36 Children to be served.

The services to be provided under § 121c.33 shall be available on a continuing basis to all deaf-blind children in the geographic area to be served by the regional center, including deafblind children (a) who are enrolled in schools operated by participating agencies, (b) who are attending other programs for handicapped children, and (c) who are not able to cope with a regular school program.

(20 U.S.C. 1422)

§ 121c.37 Determination of deaf-blind children.

(a) As used in this part, the term "deaf-blind children" means children who have auditory and visual handicaps, the combination of which causes such severe communication and other developmental and educational problems that they cannot properly be accommodated in special education programs solely for the hearing handicapped child or for the visually handicapped child.

(b) Determination that a child is a deaf-blind child within the meaning of paragraph (a) of this section shall be made by the regional center on the basis of an extended period of evaluation, conducted in the center or elsewhere by a team of specialists (at least including specialists in the fields of hearing, vision, and education of the handicapped), who shall make appropriate recommendations to the center as to whether a child is a deaf-blind child within the criteria set forth in paragraph (a) of this section.

(20 U.S.C. 1422)

§ 121c.38 Location of services.

(a) Services provided to deaf-blind children by a regional center may be provided to those children (and, where applicable, other persons) regardless of whether they reside in the regional center, and may be provided at some place other than the center.

(b) A regional center may use the facilities, services, and resources available in another regional center to provide needed services for its deaf-blind children and their families except

Subpart A-Early Education Projects

§ 121d.1 Scope.

(a) Except as otherwise provided, this subpart applies to all programs assisted under section 623 of the Act. Assistance under this part will be limited to those programs which the Commissioner determines show the greatest promise of providing a comprehensive and strengthened approach to the special problems of handicapped children. (b) Assistance provided under this subpart 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. 1423)

§ 121d.2 Eligible parties.

Parties eligible to receive assistance under this subpart are public agencies and private nonprofit organizations. (20 U.S.C. 1423(a))

§ 121d.3 Purpose.

Payment of Federal funds under this subpart may be made for the purpose of assisting eligible parties in developing and carrying out experimental preschool and early education programs for handicapped children which incorporate the basic principles of child growth and development, psychology of learning, special education, and other disciplines that may be associated with the handicapped.

(20 U.S.C. 1423)

§ 121d.13 Distribution.

Programs under this subpart will be distributed to the greatest extent possible throughout the Nation, and will be carried out both in urban and in rural areas.

(20 U.S.C. 1423(a))

§ 121d.14 Initial year proposal.

Eligible applicants shall submit, as a condition to receiving assistance under this subpart for the first year of such assistance for an activity, a proposal containing the following information:

(a) A description of the population to be served including its socioeconomic, social and ethnic makeup, and the handicapping conditions of the children to be served;

(b) The criteria which will be used to determine whether a child is handicapped for the purpose of participating in programs assisted under this subpart;

(c) The curriculum design;

(d) The provision for parent-family participation;

(e) A description of proposed replication activities;

(f) A description of supplementary services available;

(g) The provision for coordination with other agencies,

(h) A description of the applicant's plans for the establishment of the advisory council required under

§ 121d.29;

(i) Plans for continuation of the program after the period of Federal funding ceases; and

(j) A description of the provision for assessment of the progress of the children to be served.

(20 U.S.C. 1423)

§ 121d.15 Participating children.

(a) "Preschool and early education" refers to a period from birth to the time a child would normally complete the third grade. The term includes the prenatal period where there is evidence that a handicapped child will be born.

(b) A program may also serve a limited number of handicapped children, beyond the preschool and early education period if such children are functioning at a level below that which would normally be expected upon a child's completion of the third grade.

(c) 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) funds provided under this subpart may support only the costs for the handicapped children.

(20 U.S.C. 1423)

§ 121d.16 Development, parental involvement, and dissemination of information.

Each program shall include services and activities designed to accomplish the following objectives:

(a) To facilitate the intellectual, emotional, physical, mental, social, and language development of handicapped children. These services and activities must be appropriate to the age level, levels of development, family situations, and handicapping conditions of the children included in the program. These services shall include comprehensive and continuing diagnosis and evaluation of each child's development.

(b)(1) To encourage the effective participation in the development and operation of the program of parents (and other family members) of the children to be served. This participation, in addition to that provided under § 121d.29, shall include (i) opportunities to advise and assist in the planning, development, operation, and evaluation of the project; (ii) training for parents and other family members (where appropriate) as a component of the project; (iii) appropriate participation in the educational and therapeutic components of the program; and (iv) opportunities to advise and assist in the dissemination of information regarding the program.

(2) If a local educational agency applies for assistance under this subpart, the application shall contain the policies, procedures, and assurance required in § 121.4(c) of this chapter regarding parental involvement and dissemination of information.

(c) To acquaint the community to be served by the program with the problem and potentialities of handicapped children. In addition, dissemination of information regarding the program shall be extended to the general public, the education community, and other professional communities by appropraite means. A program shall be structured so that its components can be replicated or adapted for use elsewhere.

(20 U.S.C. 1231d, 1423(a))

§ 121d.17 Coordination.

Each program under this Subpart shall provide for effective coordination with similar activities in the schools of the community to be served. In addition, each program shall include provision for the development of relationships with State and local educational agencies, and appropriate public and private health agencies, in such manner as to accomplish the following objectives:

(a) Inform those agencies of the nature and purposes of the program;

(b) Provide opportunities for the staff of the program to coordinate their activities with those of the staffs of those agencies;

(c) Use available services in order to provide a comprehensive program for children served by the program and in order to avoid duplication of effort;

(d) Facilitate the spread of knowledge about the program;

(e) Develop mechanisms for future replication or adaptation of program components;

(f) Relate the program to State and local planning;

(g) Inform those agencies of the number and special needs of children of school age who will be leaving the program in order to facilitate continuity in the educational program of those children and facilitate the provision of comprehensive services for them as they enter the local school system; and

(h) Encourage continued active parental participation in the education progress of handicapped children.

(20 U.S.C. 1231d, 1423 (a) and (b))

§ 121d.19 Priorities.

Priority for assistance under this subpart will be given to applications which propose projects designed to: (a) Provide or develop models which can successfully group handicapped children with nonhandicapped children on a full or part-time basis and which are aimed at permitting the entry of handicapped children into the regular school system, (b) serve to further the goal set forth in § 121d.13, (c) serve children of special age level or functional level groups within the limits provided for in § 121d.15, (d) offer sig

nificantly improved delivery of specialized services to handicapped children residing in rural areas, (e) serve handicapped children who are also economically disadvantaged, or (f) serve children with specific handicapping conditions.

(20 U.S.C. 1423)

§ 121d.29 Advisory council.

(a) Each recipient shall establish an advisory council upon official notice from the Commissioner that it has been awarded a grant or contract under this subpart.

(b) At least one-fourth of the membership of the advisory council shall consist of parents living in the geographic area to be served by activities carried out under this subpart by the recipient, and at least two of such parents shall be parents of children served by those activities.

(c) The recipient shall arrange for the advisory council to assist actively in (1) the planning, development, and operation of the program, (2) acquainting the community to be served with the program, (3) disseminating information regarding the program, and (4) evaluating the success of the program.

(d) Each recipient shall provide to each member of its advisory council: (1) A copy of the Act and this part; (2) a copy of the program proposal and all documents in the possession of the recipient relating to the award of assistance under this part for the program; and (3) such other documents and information relating to the program as are reasonably necessary to permit the advisory council to perform its functions under this section.

(20 U.S.C. 1231d, 1423)

§ 121d.30 Tuition.

No recipient may collect fees or other charges from, or with respect to, any child participating in activities assisted under this part.

(20 U.S.C. 1423)

§ 121d.31 Federal financial participation.

(a) Federal financial assistance under this subpart will not exceed 90