(1) 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 are recognized in a State as an administrative agency for its public elementary or secondary schools. Such term also includes any other public institution or agency having administrative control and direction of a public elementary or secondary school.

(2) A nonprofit institution or organization of an Indian tribe which:

(i) Operates an elementary or secondary school in which Indian children constitute more than 50 percent of the enrollment, and

(ii) Is approved by the Commissioner of Education for purposes of this Part; and

(3) An elementary or secondary school for Indian children on a reservation which is operated or funded by the Department of the Interior.

(20 U.S.C. 880b-8(a), (b); 881(f))

an

(e) "Low income," when used with reference to a family, means annual income which does not exceed the low annual income determined pursuant to section 103 of Title I of the Elementary and Secondary Education Act of 1965, as amended.

(20 U.S.C. 241c; 880b-1(a)(3))

(f) "Native language," when used with reference to an individual of limited English-speaking ability, means the language normally used by such individual, or, in the case of a child, the language normally used by the parents of the child.

(20 U.S.C. 880b-1(a)(2))

(g) "Program of bilingual education" means:

(1) A program of instruction, designed for children of limited Englishspeaking ability in elementary or secondary schools, in which, with respect to the years of study to which such program is applicable:

(i) There is instruction given in, and study of, English and (to the extent necessary to allow a child to progress effectively through the educational system) the native or dominant language of the children of limited English-speaking ability;

(ii) Such instruction is given with appreciation for the cultural heritage of such children; and

(iii) With respect to elementary school instruction, such instruction is given in all courses or subjects of study necessary to allow a child to progress effectively through the educational system.

(2) A program of bilingual education shall also meet the requirements of § 123.17, regarding parent and community participation, and the requirements set forth in paragraphs (g)(2) (i), (ii), and (iii) below:

(i) A program of bilingual education may make provision for the voluntary

enrollment to a limited degree therein, on a regular basis, of children or other than limited English-speaking ability, in order that they may acquire an understanding of the cultural heritage of the children of limited English-speaking ability for whom the particular program of bilingual education is designed. In determining eligibility to participate in such programs, priority shall be given to children of limited English-speaking ability. In no event shall the program be designed for the purpose of teaching a foreign language to English-speaking children.

(ii) In such courses or subjects of study as art, music, and physical education, a program of bilingual education shall make provision for the participation of children of limited English-speaking ability in regular classes.

(iii) Children enrolled in a program of bilingual education shall, if graded classes are used, be placed, to the extent practicable, in classes with children of approximately the same age and level of educational attainment, as determined after measuring such attainment through the use of all necessary languages. If children of significantly varying ages or levels of educational attainment are placed in the same class, the program of bilingual education shall seek to ensure that each child is provided with instruction which is appropriate for his or her level of educational attainment.

(20 U.S.C. 880b-1(a)(4); Sen. Rep. No. 931026, at 148-49 (1974))

(h) "State" means, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. (20 U.S.C. 881(j))

(i) "State educational agency" means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law.

(20 U.S.C. 881(k))

(j) "Stipend" means an allowance for subsistence and other expenses for an individual and his or her dependents, to enable such individual to participate in training activities where authorized under Subparts B, C, D, and E.

(1) Fellowships. (i) In the case of a recipient of a fellowship under subpart E of this Part, the amount of the stipend for a support year of twelve months shall be the sum of the following:

(A) The costs of tuition, books, and fees, and other costs directly related to the program of study in which the recipient is enrolled and required by the institution of higher education offering the program (but not including any indirect or operational costs of the institution);

(B) An allowance of $600 for each dependent of the recipient; and

(C) An allowance, for subsistence and other expenses of the recipient, of $2,400 for the first post-baccalaureate year, $2,600 for any year after the first post-baccalaureate year except in the terminal year of the program of study, and $2,800 for the terminal year.

(ii) Where a recipient of a fellowship has had professional work experience in the field of bilingual education, the amount of the allowance referred to in paragraph (j)(1)(i)(C) of this section shall be the following:

(A) At least one but less than 12 months of experience-$3,000.

(B) At least 12 but less than 24 months of experience-$3,300.

(C) At least 24 but less than 36 months of experience-$3,600.

(D) At least 36 but less than 48 months of experience-$3,900.

(E) At least 48 months of experience-$4,200.

(iii) Each full-time academic year of study above the baccalaureate level in the field of bilingual education shall equal 12 months of experience for purposes of paragraph (j)(1)(ii) of this section.

(iv) Where a recipient of a fellowship has been awarded a Master's degree in the field of bilingual education, the amount of the allowance referred to in paragraph (j)(1)(ii) of this section shall be increased by $500.

(2) Post-baccalaureate training. In the case of an individual enrolled at an institution of higher education at the post-baccalaureate level in training under Subparts B, C, or D (other than in short-term training described in paragraph (j)(5) of this section), the stipend shall be for an amount up to the appropriate amounts prescribed in paragraph (j)(1) of this section, at the discretion of the grantee.

(3) Baccalaureate level training. In the case of an individual enrolled in an institution of higher education at the baccalaureate level in training under Subparts B, C, or D (other than in short-term training described in paragraph (j)(5) of this Paragraph) the amount of the stipend for a support year of twelve months shall be for up to the sum of the following, at the discretion of the grantee:

(i) The costs of tuition, books, and fees, and other costs directly related to the bilingual education program of study in which the individual is enrolled and required by the institution offering the program;

(ii) Where the individual is enrolled on a full-time basis, $1,500; and

(iii) An allowance of $600 for each dependent of the individual.

(4) Attendance part-time or for less than a full year. Amounts determined pursuant to paragraphs (j)(1), (2), or (3) of this section shall be proportionately reduced for attendance on a part-time basis or for less than a twelve-month period. As provided in § 123.41, fellowships may be awarded only for a full-time program of study, which may be an academic year shorter than a twelve-month period. This paragraph, and paragraphs (j)(1), (2), and (3) of this section, do not apply to short-term training described in paragraph (j)(5) of this section.

(5) Short-term training. In the case of an individual participating in a training activity under Subparts B, C, or D designed to provide individual participants with training with a duration of 90 days or less, the amount of the stipend shall be:

(i) Any costs of tuition, books, and fees, and other costs directly related to the bilingual education program of study in which the individual is enrolled, required by the institution of

fering the program, and not otherwise paid for under this part.

(ii) Where the individual receives no other compensation for participating in, or performing work during, the activity, $6 for each hour of participation, except that the amount shall exceed neither (A) $30 for any day, nor (B) $150 for any week, except as provided under paragraph (j)(5)(iii) of this section.

(iii) Where educational personnel participating as trainees are ordinarily paid for their work at a salary scale determined by a collective bargaining agreement in which the minimum hourly rate for any such individual is more than $6 per hour, such individual would be compensated at the minimum hourly rate provided for under the collective bargaining agreement.

(20 U.S.C. 880b-9(a)(3))

§ 123.03 General terms and conditions.

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), except that such assistance shall not be subject to the provisions of § 100a.26(b) of this chapter, relating to criteria for awards.

(20 U.S.C. 880b-880b-13)

§ 123.04 Duration of projects.

(a) The provisions of this section apply to awards of assistance under this part, excepting awards under Subparts E and F.

(b) Awards of assistance under this part shall be made for a specified project period. The duration of the project shall be only for the minimum period determined by the Commissioner to be needed to carry out the demonstration or other approved objectives of the program.

(c) New applications proposing multi-year projects must be accompanied by an explanation of the need for multi-year support, an overview of the objectives and activities proposed, and budget estimates to attain these objectives in any proposed subsequent year. (d) Applications for assistance to continue a program during the project period but subsequent to the initial

fiscal year of assistance shall be évaluated on the basis of the progress of the program in meeting its objectives, except that where funds are insufficient to support all programs determined on such basis to merit continuation, applications for continued support shall be evaluated on the basis of the applicable criteria set forth in other subparts of this part.

(e) Following the expiration of the project period for a particular program, an application for further assistance to support such program shall be evaluated on the basis of the applicable criteria set forth in other subparts of this part in competition with other applications to which such criteria apply.

(20 U.S.C. 1221e-3(a)(1), 880b)
§§ 123.05-123.10 [Reserved]

Subpart B-Basic Programs of
Bilingual Education

§ 123.11 Eligibility for assistance.

(a) General. An application for a grant under this subpart for a basic program of bilingual education may be submitted by:

(1) One or more local educational agencies, or

(2) An institution of higher education, including a junior or community college, applying jointly with one or more local educational agencies.

(b) Joint applications. In the case of a joint application for a basic program of bilingual education submitted pursuant to paragraph (a)(2) of this section, a single application with a single budget shall be submitted, and a single local educational agency shall serve as the fiscal agent for all joint applicants.

(20 U.S.C. 880b-7(b)(1))

§ 123.12 Authorized activities.

The following activities are authorized to be carried out with financial assistance made available under this subpart where such activities are designed to carry out the purposes described in § 123.01:

(a) Establishing, operating, and improving programs of bilingual education;

(b) Providing auxiliary and supplementary community and educational activities designed to facilitate and expand the implementation of programs described in paragraph (a) of this section, including such activities

as:

(1) Adult education programs related to the purposes of this Part, particularly for parents of children participating in programs of bilingual education, and carried out, where appropriate, in coordination with programs assisted under the Adult Education Act, as amended (20 U.S.C. 1201-1211a); and

(2) Preschool programs preparatory and supplementary to bilingual education programs;

(c) Providing auxiliary and supplementary training programs for personnel preparing to participate in, or personnel participating in, the conduct of a basic program, including:

(1) Programs emphasizing opportunities for career development, advancement, and lateral mobility;

(2) Special training programs designed to meet individual needs;

(3) The operation of short term training institutes designed to improve the skills of participants in programs of bilingual education in order to facilitate their effectiveness in carrying out responsibilities in connection with such programs; and

(4) The payment of stipends, as defined in § 123.02, to personnel participating in such training programs; and (d) Planning, and providing technical assistance for, and taking other steps leading to the development of, such programs.

(20 U.S.C. 880b-7(a)(1), (2), (3)(B), (4); 880b9(a)(1), (A)(i)(I), (A)(ii)(I), (B), (a)(3), (a)(5); Sen. Rep. No. 93-1026, at 153 (1974))

§ 123.13 Requirements of a basic program. (a) A basic program shall meet the requirements for a "program of bilingual education" as those requirements are set forth in § 123.02.

(20 U.S.C. 880b-1(a)(4))

(b) Nothing in this Part shall be construed to authorize isolation of children of limited English-speaking ability by language or ethnic background unless the applicant demonstrates

that separation for specific language learning activities for a portion of the school day is essential to the achievement of the purposes of this Part. (42 U.S.C. 2000d-2000d-6)

in

(c) Auxiliary and supplementary training programs described § 123.12(c) to train personnel preparing to participate in, or personnel participating in, the conduct of a basic program shall be included in each such program. Not less than 15 percent of the amounts paid to the applicant for the purpose of carrying out a basic program shall be expended for auxiliary and supplementary training programs.

(20 U.S.C. 880b-7(a)(3)(B), (b)(2)(B))

(d) A basic program assisted under this subpart shall include provisions for making available, at a cost not exceeding the actual cost of reproduction, sample copies of any materials resulting from the program to any local educational agency which requests copies of such materials.

(20 U.S.C. 880b-7(b)(1))

(e) Federal funds made available under this Part shall not be used for religious worship or instruction, or in connection with any part of a school or department of Divinity. "School or department of Divinity," for purposes of this paragraph, means an institution or a department or branch of an institution whose program is specifically for the education of students to prepare them to become ministers of religion or to enter upon some other religious vocation, or to prepare them to teach theological subjects.

(20 U.S.C. 885; Lemon v. Kurtzman, 403 U.S. 602 (1971))

§ 123.14 Applications.

(a) General provisions. An applicant desiring to receive assistance under this subpart shall submit to the Commissioner an application which shall include a description of the activities set forth in § 123.12 which the applicant desires to carry out, and which shall provide evidence that the activities so described will make substantial progress toward making programs of bilingual education available to the