and shall contain the following additional information:

(a) A description of the handicapping conditions of the persons to be served;

(b) Specification of the resources and services needed by the handicapped persons to be served which will assist in the successful integration of those handicapped persons into a nonhandicapped school population and regular educational program;

(c) A plan for provision of an integrated comprehensive range of services and resources specified in paragraph (b) of this section to assist handicapped participants in competing academically with nonhandicapped students;

(d) Provision for a survey covering the geographical area from which potential participants in the program will be drawn, and assessment of the needs of such participants;

(e) A description of the procedures and resources which will be used to determine and provide the services necessary to meet the special individual needs of each handicapped person who will participate in the program;

(f) A description of the objectives of the program in relation to the specific services which will be provided for the handicapped persons to be served; and (g) A description of the procedures which will be used for evaluation of the programs as required under § 100a.276 of this chapter, including the evaluation of:

(1) The services to be provided; (2) The resources to be used;

(3) The progress of the handicapped persons to be served;

(4) The strategies for followup of the handicapped persons participating; and

(5) The needs assessment carried out under paragraph (d) of this section. (20 U.S.C. 1424a)

§ 121k.16 Initial year application.

An initial year application for funds under this part shall contain, in addition to the information required under § 121k.15, the following:

(a) A description of the geographical region or regions or population centers to be served, including the demographic characteristics;

(b) The anticipated number of handicapped participants to be served in the program who currently are not being provided with an appropriate and/or adequate education program;

(c) The estimated number of handicapped persons to be served annually under the program;

(d) The criteria which will be used to determine whether a person is handicapped for purposes of participating in the program;

(e) A description of sources of support and supplementary services such as housing, health care, and recreation, which will be available for use in the program;

(f) A description of how the requirement under § 100a.275 of this chapter for coordination with other agencies will be met; and

(g) A plan for long range funding which includes strategies for increasing the amount of funds for the program from sources other than under this part.

(20 U.S.C. 1424a)

§ 121k.17 Priorities.

Priority consideration for Federal funds under this part will be given to: (a) Programs serving multistate regions or large population centers;

(b) Programs adapting existing programs of vocational, technical, postsecondary, or adult education to the special needs of handicapped persons; and

(c) Programs designed to serve areas where a need for these services is clearly demonstrated.

(20 U.S.C. 1424a(b))

§ 121k.18 Criteria for evaluation of applications.

In addition to the criteria set forth in § 100a.26(b) of this chapter, applications will be evaluated on the basis of the following factors:

(a) Whether the program under this part will be carried out in facilities easily accessible to physically handicapped persons;

(b) Whether the program will be located in an area in which public transportation is readily available, or transportation will be provided at reasonable cost to handicapped persons participating in the program;

(c) Whether the program will serve handicapped persons for whom other appropriate education programs are not readily available; and

(d) The likelihood that the services provided under the proposed program will be continued by the applicant following the expiration of Federal funding under this part as measured by evidence of financial and other commitment of the applicant to the program and other funds available to the program.

(20 U.S.C. 1424a)

§ 121k.19 Services, activities, and resources to be supported.

(a) Illustrative services. The following is an illustrative list of the types of resources, services, and activities which may be supported (in whole or in part) under this part:

(1) Interpreters;

(2) Tutors;

(3) Notetakers and readers;

(4) Wheelchair attendants;

(5) Guidance counselors;

(6) Auditory training;

(7) Job placement and followup;

(8) Preparatory and orientation services;

(9) Supplementary learning experiences;

(10) Instructional media;

(11) Inservice training relating to the handicapped participants in the program, for teachers and other educational staff;

(12) Administrative expenses such as employment of a director, administrator, or coordinator for the program; and

(13) Planning and evaluation activities.

(20 U.S.C. 1424a)

(b) Tuition. Federal funds provided under this part shall not be used for the payment of tuition or subsistence allowances.

(c) Construction and remodeling. Federal funds provided under this part shall not be used for costs of construction (as defined in § 121.2 of this chapter), except for the costs of minor remodeling (as defined in § 100.1 of this chapter) which, for the purposes of this part, may include the acquisition,

(d) The terms "special education" and "related services" have the meanings defined in § 121a.12 and § 121a.13 of this chapter.

(20 U.S.C. 1419(c))

§ 121m.2 General provisions regulations.

Assistance under this part is subject to the requirements in Parts 100, 100b, 100c, and 121 of this chapter (including definitions and fiscal, administrative, property management, and other matters).

(20 U.S.C. 1419)

§ 121m.3 Eligibility.

A State is eligible to receive a grant if:

(a) The Commissioner has approved its annual program plan under Part 121a of this chapter; and

(b) The State provides special education and related services to any handicapped children aged three, four, or five.

(20 U.S.C. 1419(a))

§ 121m.4 Application.

To receive funds under this part, a State must submit an application to the Commissioner through its State educational agency.

(20 U.S.C. 1419(b))

§ 121m.5 Application contents.

An application must include the following material:

(a) A description of the State's goals and objectives for meeting the educational needs of handicapped children ages three through five. These goals and objectives must be consistent with the State's full educational opportunity goal under § 121a.123 of this chapter.

(b) A description of the objectives to be supported by the grant in sufficient detail to determine what will be achieved with the grant.

(c) A description of the activities to be supported by the grant. The activities must be related to the objectives under paragraph (b) of this section and must be described in sufficient detail to determine how the grant will be used.

(d) A description of the impact the proposed activities will have on handicapped children ages three through five. This description must include evidence that the proposed activities are of sufficient size, scope, and quality to warrant the amount of the expendi

ture. The application must indicate the number of children to be served and the number of handicapped children who will be benefitted indirectly. If children are to be benefitted indirectly, there must be a rationale that demonstrates the benefit.

(e) The number of local educational agencies or intermediate educational units, and the number and names of other agencies which will provide contractual services under the grant, the activities they will carry out, and the reasons for selecting these agencies.

(f) The dollar amounts that will be spent for each major activity described.

(g) A description of the procedures the State will use to evaluate the extent to which the activities met the objectives described under paragraph (b) of this section

(20 U.S.C. 1419(b))

§ 121m.6 Amount of grant.

(a) The amount of a grant is $300 multiplied by the average number of children ages three through five counted during the current school year under §§ 121a.750-121a.754 of this chapter.

(b) If appropriated funds are less than enough to pay in full the grants under this part, the amount of each grant is ratably reduced.

(20 U.S.C. 1419 (a), (d))

§ 121m.7 Allowable expenditures.

(a) The State educational agency may use funds under this part to give special education and related services to handicapped children ages three through five who are not counted under §§ 121a.750-121a.754 of this chapter if the State educational agency insures that those children have all of the rights afforded under part 121a of this chapter.

(b) The State educational agency may use up to five percent of its grant for the costs of administering the funds provided under this part.

(20 U.S.C. 1419(c))

Comment. In carrying out the provisions of this part some activities are considered particularly appropriate for the use of these funds: (1) Providing parents with child development information; (2) assisting parents

Subpart A-General

§ 122.1 Scope of part.

This part governs projects for which funds are provided under the Indochina Migration and Refugee Assistance Act of 1975 (Pub. L. 94-23) for Federal assistance to State or local public agencies for educational services for Indochinese refugee children. (Pub. L. 94-23, sections 2, 3; 22 U.S.C. 2601(b)(4), 2602(a)(1))

§ 122.2 Applicability of Office of Education General Provisions Regulations. Assistance under this part is subject to the following provisions contained in Subchapter A of this chapter:

(a) Part 100, § 100.1 (except as provided in § 122.3);

(b) Part 100a, Subpart B, §§ 100a.15, 100a.17-100a.20, 100a.28;

(c) Part 100a, Subpart D, except §§ 100a.54 and 100a.55;

(d) Part 100a, Subpart E; (e) Part 100a, Subpart F;

(f) Part 100a, Subpart N, §§ 100.250, 100a.255, 100a.262, 100a.263, 100a.275; (g) Part 100a, Subpart P, §§ 100a.402, 100a.404, 100a.405;

§ 122.3 Definitions.

As used in this part:

"Child" means any child who is within the age limits for which the applicable State is required or permitted to provide free public elementary and secondary school education in grades kindergarten through 12, except that "child" does not include a person enrolled only in adult education courses. (Pub. L. 94-23, sections 2, 3; 20 U.S.C. 1221c(a); 22 U.S.C. 2601(b)(4))

"Free public education" means education which is provided at public expense, under public supervision and direction, without tuition charge, and which is provided as elementary or secondary school education in grades

kindergarten through 12 in the applicable State.

(Pub. L. 94-24, sections 2, 3; 20 U.S.C. 1221c(a); 22 U.S.C. 2601(b)(4))

"Indochinese refugee child" means a person who:

(a) Is a child as defined in this section;

(b) Is an alien who:

(1) Because of persecution or fear of persecution on account of race, religion, or political opinion, fled from Cambodia or Vietnam;

(2) Cannot return thereto because of fear or persecution on account of race, religion, or political opinion.

(20 U.S.C. 1221c(a); 22 U.S.C. 2601(b) (3), (4); Pub. L. 94-23 sections 2, 3)

"Local educational agency" means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or such combination of school districts or counties as is recognized in a State as an administrative agency for its public elementary or secondary schools. It also includes any other public institution or agency having administrative control and direction of public elementary or secondary schools.

(20 U.S.C. 1221c(a); 22 U.S.C. 2601(b) (3), (4); Pub. L. 94-23; sections 2, 3)

"Public educational services" means (a) free public education in the case of children enrolled in public elementary and secondary schools and (b) publicly supported instructional services as described in § 122.11(b)(2) in the case of children enrolled in private elementary and secondary schools.

"State educational agency" means the officer or agency primarily responsible for the State supervision of public elementary and secondary schools.

(20 U.S.C. 1221c(a))

"State" means, in addition to the several States in the Union, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American