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course of study on a part-time or fulltime basis; and

(c) The student is able to demonstrate a need for financial assistance. (20 U.S.C. 1431, 1432, 1434)

§ 121f.42 Amount of assistance.

Subject to the limitations contained in this part, grantees will disburse financial assistance to students in amounts commensurate and consistent with established institution or agency policy for various levels of academic study, and policy relevant to providing financial assistance to part-time and full-time students.

(20 U.S.C. 1431, 1432, 1434)

§ 121f.43 Stipends for baccalaureate students.

Students enrolled for a full-time academic year at the baccalaureate level may receive a yearly stipend not exceeding $800.

(20 U.S.C. 1431, 1432, 1434)

§ 121f.44 Dependency allowances for baccalaureate students.

Students at the baccalaureate level are not eligible for dependency allowances.

(20 U.S.C. 1431, 1432, 1434)

§ 121f.45 Stipends for pre-doctoral students.

Except as provided in § 121f.46, students enrolled for a full-time academic year at the pre-doctoral level may receive stipends not exceeding: (a) $2400 in the first pre-doctoral year, (b) $2600 in each of the years between the first and terminal year, and (c) $2800 in the terminal year.

(20 U.S.C. 1431, 1432, 1434)

§ 121f.46 Related work experience for predoctoral students.

(a) Students enrolled for a full-time academic year at the pre-doctoral level who have had professional work experience related to the education of handicapped children may receive annual stipends not exceeding the following amounts: (1) Less than 12 months of experience-$3,000; (2) 1223 months of experience-$3,300; (3)

24-35 months of experience-$3,600; (4) 36-47 months of experience$3,900; or (5) 48 months or more of experience-$4,200.

(b) Each single full-time academic year of pre-doctoral experience in the field of education of handicapped children shall equal 12 months of related professional work experience for the purposes of paragraph (a) of this section.

(c) If the student has been awarded a Master's degree in a field relevant to the education of handicapped children, an additional amount, not exceeding $500, may be added to the stipend provided under paragraph (a) of this section.

(d) No stipend at the pre-doctoral level shall exceed $4,700.

(20 U.S.C. 1431, 1432, 1434)

§ 121f.47 Stipends for post-doctoral students.

(a) Students enrolled for a full-time academic year at the post-doctoral level may receive stipends not exceeding (1) $6,000 if the student does not have relevant full-time academic year experience at the post-doctoral level; (2) $6,500 if the student has one fulltime academic year of relevant experience at the post-doctoral level; and (3) $7,000 if the student has two or more full-time academic years of relevant experience at the post-doctoral level.

(b) Each 12 months of professional work experience related to the field of the education of the handicapped shall equal one full-time academic year of relevant experience at the post-doctoral level for the purpose of paragraph (a) of this section.

(20 U.S.C. 1431, 1432, 1434)

§ 121f.48 Dependency allowances for predoctoral and post-doctoral students. (a) Students enrolled for a full-time academic year at the pre-doctoral and post-doctoral levels may receive allowances not exceeding $600 for each dependent.

(20 U.S.C. 1431, 1432, 1434)

§ 121f.49 Supplementation of stipends for pre-doctoral and post-doctoral students.

Grantees may use Federal funds under Part D of the Act to supplement stipends for pre-doctoral and post-doctoral students to accommodate regional cost of living variations and cases of special needs, providing that such supplements do not exceed $1,000 per student per academic year.

(20 U.S.C. 1431, 1432, 1434)

§ 121f.50 Financial assistance for shortterm students.

(a) Students enrolled for a period of study less than a full-time academic year but of at least two days length, may receive a stipend of up to $15 per day but not exceeding $75 per week. These students are not eligible for dependency allowances.

(b) Students who are receiving assistance under §§ 121f.43, 121f.45, 121f.46, 121f.47, or 121f.48 at the time of their short-term study are not eligible for financial assistance under this section.

(20 U.S.C. 1431, 1432, 1434)

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dependency allowance awarded must be paid.

(20 U.S.C. 1431, 1432, 1434)

§ 121f.61 Withdrawal of students.

Financial adjustments must be made when a student withdraws or is dismissed before the end of the full term of the program. For graduate and undergraduate academic year and short term programs, the remaining funds may be given as a partial award to another student who is currently enrolled at the institution. In such cases, the grantee shall notify the Commissioner that such an adjustment has been made. Remaining funds will be considered an overpayment, unless used as a partial award or in other ways consistent with the applicable regulations contained in this part.

(20 U.S.C. 1431, 1432, 1434)

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tive, property management, and other matters) and Part 121 of this chapter.

(20 U.S.C. 1433)

§ 121g.2 Purpose.

Payment of Federal funds under this part may be made for the purpose of assisting eligible parties in carrying out projects for:

(a) Encouraging students and professional personnel to work in various fields of education of handicapped children and youth through, among other ways, developing and distributing imaginative or innovative materials to assist in recruiting personnel for such careers, or publicizing existing forms of financial aid which might enable students to pursue such careers;

(b) Disseminating information about programs, services, and resources for the education of handicapped children;

(c) Using parent, volunteer, media and other organizations to provide information concerning handicapped children to the general public; and

(d) Providing referral services (including referral to educational, diagnostic, and clinical facilities and services) to parents, teachers, and other persons especially interested in the handicapped.

(20 U.S.C. 1433)

§ 121g.3 Eligible parties.

Parties eligible to receive assistance through grants or contracts under this part are public or private agencies, organizations, or institutions, except that grants only will be made to public or private non-profit agencies, organizations, and institutions.

(20 U.S.C. 1433)

§ 121g.4 Distribution of projects.

Projects will be distributed to the greatest extent possible throughout the Nation and will be carried out both in urban and rural areas.

(20 U.S.C. 1433)

PART 121h-RESEARCH IN THE EDUCATION OF THE HANDICAPPED

Sec.

121h.1 Scope.

121h.2 Purpose.

121h.3 Eligible parties.

121h.4 Criteria for the selection of applications.

121h.5 Types of activities supported.
121h.6 Panels of experts.
121h.7 Cost sharing.

GUIDELINES

AUTHORITY: Secs. 641-644, Pub. L. 91-230, 84 Stat. 185 (20 U.S.C. 1441-1444), unless otherwise noted.

SOURCE: 40 FR 7422, Feb. 20, 1975, unless otherwise noted.

§ 121h.1 Scope.

(a) This part applies to programs and projects assisted under Part E of the Act. Paragraph (b) of this section, as well as §§ 121h.4 and 121h.7 apply to research programs and projects assisted under sections 624(a)(1), 651(a)(2)(A), 652(b)(5), and 661(a)(1) 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, as well as such policies of the Department relating to research contracts with educational institutions as may be contained in 41 CFR Part 3-4.

(20 U.S.C. 1401, 1424, 1441, 1451, 1452, 1461) § 121h.2 Purpose.

Payment of Federal funds under Part E of the Act may be made to eligible parties (a) for research and related purposes and to conduct research, surveys, or demonstrations, relating to the education of handicapped children, and (b) for research and related purposes and to conduct research, surveys, or demonstrations, relating to physical education and/or recreation for handicapped children.

(20 U.S.C. 1441, 1442)

§ 121h.3 Eligible parties.

Parties eligible to receive assistance under this part are States, State or local educational agencies, institutions

of higher education, and other public or private educational or research agencies and organizations, except that grants may be awarded only to public or private nonprofit agencies and organizations.

(20 U.S.C. 1441, 1442)

§ 121h.4 Criteria for the selection of applications.

(a) Applications for new awards. In reviewing applications for new awards, the Commissioner will take into account the following criteria (in addition to the criteria set forth in § 100a.26(b) of this chapter):

(1) The extent to which the proposed activities relate directly to one or more of the objectives set forth in § 121.3 of this chapter; and

(2) The extent to which the proposed activities are "applied" in nature and show promise of producing valid and relevant information relating to the education of handicapped children. (Whether an activity is "applied" will be determined by the Commissioner on the basis of the extent to which such activity: (i) Is a direct effort to solve some critical educational problem; and (ii) is planned so that the final product of such activity can be reasonably expected to have a direct influence on the performance of handicapped children or on personnel responsible for the education of the handicapped).

(b) Continuation awards. In reviewing applications for continuation awards, in addition to the criteria set forth in paragraph (a) of this section, the Commissioner will consider the extent to which the applicant demonstrates that it has performed satisfactorily with respect to previous awards made under this part.

(20 U.S.C. 1441, 1442)

§ 121h.5 Types of activities supported.

Activities assisted under this part may include projects for research, dissemination, demonstration, curriculum development, and media.

(20 U.S.C. 1441, 1442)

§ 121h.6 Panels of experts.

The Commissioner will not approve any application for a grant under this part unless and until such application has been reviewed by a panel of experts who are competent to evaluate various types of research or demonstration projects, and the Commissioner has secured the advice and recommendations of such panel.

(20 U.S.C. 1443)

§ 121h.7 Cost sharing.

(a) No recipient of a grant under this part may receive the entire cost of the program or project. The amount of potential contribution to the cost of the program or project will not affect the disposition of the application by the Commissioner.

(b) Recipients of contract awards (other than procurement contracts) are encouraged to contribute to the cost of the program or project.

(Pub. L. 92-48, Title III, sec. 306, 85 Stat. 106, OMB Circular A-100; 20 U.S.C. 1441, 1442)

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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 E, Sections 641644. The legal requirements include the Act itself (20 U.S.C. 1441-1444) and the regulations (45 CFR Part 121h). 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. 1444, 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 guidelines is section 642 of the Act (20 U.S.C. 1442), and the guideline affects section 121h.2 of the regulation (45 CFR 121h.2), the following citation will be placed on the line immediately following the guideline (20 U.S.C. 1442; 45 CFR 121h.2). 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-ACTIVITIES APPROPRIATE FOR SUPPORT

SEC. 2.1 Authority. (a) The greatest part of the research responsibility of the Bureau of Education for the Handicapped falls under Part E of the Act, but other research activities are authorized under sections 624(a)(1), 651(a)(2)(A), 652(b)(5), and 661(a)(1) of the

Act.

(b) Legislative authority for the activities described above is included in connection with the following parts of the Education of the Handicapped Act, Title VI of Pub. L. 91230:

(1) Part C, section 624(a)(1): Research in connection with Centers and Services for the Handicapped (20 U.S.C. 14240).

(2) Part E, section 641: Research and Demonstration Projects in Education of Handicapped Children (20 U.S.C. 1441).

(3) Part E, section 642: Research and Demonstration Projects in Physical Education and Recreation for Handicapped Children (20 U.S.C. 1442).

and

(4) Part F, section 651(a)(2)(A) 652(b)(5): Instructional Media for the Handicapped (20 U.S.C. 1451-1452).

(5) Part G, section 661(a)(1): Special Programs for Children with Specific Learning Disabilities-Research (20 U.S.C. 1461).

(c) The research activities in (b) (1), (4), and (5) above are subject to the regulations (45 CFR 121h.1(b), 121h.4, and 121h.7, only) and guidelines (secs. 2.1-2.2 and 3.1-3.5, only) for Part E of the Act.

(20 U.S.C. 1424, 1441, 1442, 1451, 1452, and 1461; 45 CFR 121.1)

SEC. 2.2 Applied research. (a) The Bureau of Education for the Handicapped pursues a catalytic strategy in all its programs. Support of applied research and related activities pursues this catalytic strategy. These support activities are directed at developing new knowledge, methods, and materials

which will facilitate the broader efforts of the Bureau and the Nation's schools in fulfilling their commitment.

(b) The basic objectives of this support are to:

(1) Identify, research, and demonstrate solutions to problems that are related to the education of handicapped children;

(2) Develop, demonstrate, and disseminate innovative support systems and techniques to improve the performance of handicapped children and/or teachers and other practitioners serving the handicapped; and

(3) Create mechanisms that will produce the broadest possible diffusion, utilization, and implementation of the products of research and development.

(20 U.S.C. 1441, 1442; 45 CFR 121h.4, 121h.5)

PART 3-PROJECTS

SEC. 3.1 Initiation of projects. (a) Research and research related projects are initiated in one of four ways: (1) Requests for proposals, (2) negotiated contracts, and (3) responses to program announcements. From time to time specific research and research related tasks are identified by the Bureau as being of critical and immediate importance. The Office of Education may elect to issue a Request for Proposals for accomplishing a critical research job. These are advertised in Commerce Business Daily and become available to all qualified offers.

(b) The interests of potential participants under a request for proposals are best served by careful monitoring of Commerce Business Daily. At times there may be special interest in receiving proposals in area receiving little attention. (For example, in recent years activities to improve educational services for the trainable retarded, in vocational education, and for the deaf-blind have been particularly welcome.) Public announcements may advertise these interests and prospective applicants are urged to check with their State Educational Agency and their professional organizations as well as with bureau program officers.

(c) Closing dates of general applicability for receipt of applications for new and continuation grants will be published in the FEDERAL REGISTER.

(d) Most of the bureau's programs dealing with research and related activities will also respond to proposals generated by interested institutions without prior call from the bureau.

(20 U.S.C. 1441, 1442; 45 CFR 121h.2)

SEC. 3.2 Proposal development. (a) Basic components. Although specific details may differ for various activities, proposals for projects under Part E of the Act usually incorporate the following features:

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