§ 123.54 Criteria for assistance. In evaluating applications for assistance under this subpart, the Commissioner will consider the following factors: (a) The extent to which the applicant coordinated and provided technical assistance to programs of bilingual education assisted under this Part within the State during the fiscal year preceding the fiscal year for which assistance is sought; (b) The extent to which the services described in paragraph (a) of this section were effective in improving the quality of such programs of bilingual education; (c) The extent to which the application includes an adequate staffing plan and provides for employing the services of persons qualified to coordinate the provision of technical assistance to programs of bilingual education assisted under this Part within the State; (d) The extent of the need for assistance under this subpart as indicated by the number of programs of bilingual education assisted under this Part within the State during the fiscal year preceding the fiscal year for which assistance under this subpart is sought, and factors identified by the applicant; (e) The extent to which the proposed activities afford promise of improving programs of bilingual education assisted under this Part within the State; and (f) The extent to which the applicant sets forth: (1) Effective methods of administration; (2) Effective financial management procedures; (3) Provisions for coordinating its activities with related activities supported by Federal and non-Federal funds; and (4) Reasonable costs. (20 U.S.C. 880b-7(b)(3)) 88 123.55-123.60 [Reserved] Subpart G-Research and § 123.61 Authorized activities. The following activities are authorized to be carried out with funds made available under this subpart: (a) Research in the field of bilingual education in order to enhance the effectiveness of: (1) Programs assisted under this Part; (2) The program authorized by section 708(c) of the Emergency School Aid Act (20 U.S.C. 1607(c)); (3) The programs carried out in coordination with the provisions of the Bilingual Education Act (20 U.S.C. 880b-13) pursuant to: (i) Section 122(a)(4)(C) and part J of the Vocational Education Act of 1963 (20 U.S.C. 1262(a)(4)(C) and 20 U.S.C. 1393 et seq.); and (ii) Section 306(a)(11) of the Adult Education Act (20 U.S.C. 1205(a)(11)); and (4) Programs and projects serving areas with high concentrations of persons of limited English-speaking ability pursuant to section 6(b)(4) of the Library Services and Construction Act (20 U.S.C. 351d(b)(4)); (b) Testing the effectiveness of research findings by the National Institute of Education in the field of bilingual education; (c) Demonstrating new or innovative practices, techniques, and methods for use in programs assisted under this Part; (d) Undertaking studies to determine the basic educational needs and language acquisition characteristics of, and the most effective conditions for educating, children of limited Englishspeaking ability; (e) Developing and disseminating instructional materials and equipment suitable for use in bilingual education programs; and (f) Establishing and operating a national clearinghouse of information for bilingual education, which shall collect, analyze, and disseminate information about bilingual education and programs related thereto. (a) Awards for the research activities described in § 123.61(a) shall be made by the National Institute of Education in accordance with the provisions of 20 U.S.C. 1221e. (b) Awards for the activities described in § 123.61 (b)-(f) shall be made by the Director of the National Institute of Education or by the Commissioner of Education, or jointly by the Director and the Commissioner, to one or more public or private educational agencies, institutions, or organizations. The awards described in this paragraph (b) shall be in the form of competitive contracts, and shall be governed by the provisions of the Federal Procurement Regulations (41 Code of Federal Regulations, Chapters 1 and 3). (20 U.S.C. 880b-13 (a), (b), (c)) Subpart C-Approval of Project Proposals Sec. 124.15 Criteria for evaluation of project proposals. 124.16 Dissemination of information. APPENDIX A-DROPOUT PREVENTION AUTHORITY: Sec. 807, Pub. L. 89-10 as amended, 81 Stat. 806 (20 U.S.C. 887), unless otherwise noted. SOURCE: 39 FR 13652, Apr. 16, 1974, unless otherwise noted. Subpart A-Scope; Definitions § 124.1 Scope. (a) Financial assistance may be provided under section 807 of the Act for the carrying out of promising demonstration projects involving the use of innovative methods, systems, materials, or programs, designed to reduce the number of children who do not complete their education in elementary and secondary schools. (20 U.S.C. 887(a)) (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). (20 U.S.C. 887) § 124.2 Definitions. As used in this part: "Act" means the Elementary and Secondary Education Act of 1965, Pub. L. 89-10, as amended. "Dropout" means a pupil who leaves elementary or secondary school, for any reason, before he graduates. The term designates those elementary and secondary school pupils who have been in membership during the regular school term and who withdraw from membership before graduating from secondary school (as defined in § 100.1 of this chapter) or before completing equivalent programs of studies. Such an individual is considered a dropout whether he leaves school during or between regular school terms, whether he leaves school before or after he has passed the compulsory school attendance age, and, where applicable, whether or not he has com pleted a minimum required amount of school work. (20 U.S.C. 887) "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. Such term also includes any other public institution or agency having administrative control and direction of a public elementary or secondary school. (20 U.S.C. 881(f)) "Low income factor" (as defined in section 103(c) of the Elementary and Secondary Education Act of 1965, as amended) means an annual family income of $4,000. (20 U.S.C. 887(a)(2); 241(c)) "State" includes, in addition to the 50 States of the Union, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, and the Virgin Islands. This term does not include the Trust Territory of the Pacific Islands. (20 U.S.C. 887, 881(j)) "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)) Subpart B-Preapplication and Project Proposal Requirements § 124.3 Preapplications. Prior to the submission of a formal project proposal, each prospective applicant must submit a preapplication proposal to the U.S. Office of Educa tion and to the appropriate State education agency. Office of Education personnel, State educational agency personnel, and outside consultants will evaluate the preapplication proposals. Each State educational agency will indicate to the Office of Education its approval or disapproval of the proposals submitted. Invitations and instructions to submit a formal proposal will be given to applicants whose preapplication proposals have received a favorable review based on the requirements and criteria set forth in §§ 124.5 and 124.15. (20 U.S.C. 887(b)) § 124.4 Eligibility. Financial assistance under section 807 of the Act may be provided to a local educational agency with an approved preapplication proposal under § 123.3 of this chapter only upon submission of an application for assist. ance which has been approved by the appropriate State educational agency. (20 U.S.C. 887(b)) § 124.5 Project proposal requirements. Each project proposal shall describe the activities to be undertaken with funds made available under section 807 of the Act and shall contain information adequate to establish: (a) That the project will be carried out in one or more elementary or secondary schools (1) which are located in urban or rural areas, (2) which have a high percentage of children from families with incomes not exceeding the low-income factor, and (3) which have a high percentage of such children who do not complete their educa tion in elementary or secondary schools; (b)(1) That the applicant has conducted a comprehensive needs assessment which includes an analysis of the reasons for the failure of those children in those schools to complete their elementary and secondary education, and (2) that the proposed project has been designed in the light of that as sessment and shows promise of effectively reducing or eliminating the causes of that failure; and (c) That effective procedures, including objective measurements of educa tional achievement, will be adopted for evaluating at least annually the effectiveness of the proposed project; and (d) That an independent review of this educational program evaluation will be made by qualified persons not associated with the applicant, for the purpose of verifying the results of that evaluation and of assessing the appropriateness of evaluation procedures used in determining the effectiveness of the program, and that copies of reports prepared as a result thereof shall be submitted to the Office of Education. (20 U.S.C. 887(b)) § 124.6 Adequacy of facilities. Each project proposal shall describe the facilities to be made available for the project. If a project proposal provides for the leasing or remodeling of facilities, it must show why such a provision is necessary for the success of the project. (20 U.S.C. 887) Subpart C-Approval of Project § 124.15 Criteria for evaluation of project proposals. In evaluating project proposals for the purpose of making awards under this part, the Commissioner will seek to identify a relatively small number of projects in areas of outstanding need and will give consideration to the following (in addition to the criteria set forth in § 100a.26(b) of this chapter): (a) The extent to which the proposed innovative methods, systems, materials or programs show promise of reducing the number of children in the target school who do not complete their elementary and secondary school education; (b) The extent to which the project is likely to result in the development of new materials and methods which will be of value in reducing the number of children who do not complete their elementary and second school education; and (c) The percentage of children in the schools in which the project will be carried out who come from families with an income not exceeding the low income factor, and the percentage of those children who may not complete their elementary and secondary school education. Priority will be given to proposals where projects will be undertaken in schools in which: (1) At least 40 percent of the children in average daily membership are from families with an income not exceeding low income factor; and (2) The annual dropout rate of such children is at least 7 percent; (d)(1) The adequacy of the applicant's analysis of the causes for the dropout problem in the schools proposed to be served, and the (2) adequacy of the design of the program intended to eliminate those causes; (e) The extent to which the applicant has consulted with dropouts and potential dropouts and their families and with interested members of the community, and has sought their advice on the relevance of the proposed project; (f) The extent to which the proposed project is exemplary; (g) The adequacy of evidence that the proposed project will focus upon a limited number of schools intended to be served by assistance under this part so as to have a major impact on the problem of dropout prevention; and (h) The degree of the applicant's awareness of other dropout prevention programs, research findings, or published materials of recognized experts. (20 U.S.C. 887; H.R. Rept. No. 1049, 90th Cong. 1st Sess. 58 (1967); Sen. Rept. No. 726, 90th Cong. 1st Sess. 50-51 (1967).) § 124.16 Dissemination of information. (a) The recipient shall provide for dissemination of (1) significant information developed as a result of those projects carried out under this part and (2) the recipient's evaluation of those projects. The cost of dissemination, and of submission of copies of disseminated materials pursuant to paragraph (b) of this section, may be charged to the project to the extent authorized in the award document. (b) The recipient must submit to the Office of Education one copy of printed and audiovisual materials produced and disseminated in connection with Part 1-Introduction Sec. 1.1 Scope of guidelines. 1.2 Purpose of the Act. 1.3 Basic objectives. Part 2-Program Design Sec. 2.1 Design of management system. 2.2 Planning and installation of system. Part 3-Community Participation 3.2 Studnent involvement. 3.3 Involvement of parents and other community residents. Part 4-Assessment of Needs Sec. 4.1 Purpose of needs assessment. 4.2 Analyzing local needs. 4.3 Related resources. 4.4 Local studies. Part 5-Technical Assistance Sec. 5.1 Use of technical assistance. 5.2 Resources for technical assistance. 6.3 Elements for defining objectives. Part 7-Comprehensive Evaluation Design 7.2 Components. Part 8-Educational Program Verification Sec. 8.1 Purpose. 8.2 Suggested procedures. Part 9-Dissemination Sec. 9.1 Purpose. PART 1-INTRODUCTION Sec. 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 Elementary and Secondary Education Act, title VIII, Section 807. The legal requirements inIclude the Act itself (20 U.S.C. 887) and the regulations (45 CFR 124). 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. 887; 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 guideline is Section 807(b) of the Act (20 U.S.C. 887(b)), and the guideline affects section 124.5(d) of the regulations (45 CFR 124.5(d)), the following citation will be placed on the line immediately following the guideline: (20 U.S.C. 887(b); 45 CFR 124.5(b)). If no particular section of the regulations is affected, no citation to the Code of Federal Regulations (CFR) will be made. (20 U.S.C. 1232(a)) Sec. 1.2 Purpose of the Act. The Dropout Prevention Program, funded under title VIII of the Elementary and Secondary Education Act of 1965, as amended, is designed to foster the development of exemplary educational programs which show promise of reducing the number of children who do not complete their education in elementary and secondary schools. Since the program is for the development and demonstration of promising educational practices throughout the Nation, projects funded involve the use of innovative methods, systems, or materials in their efforts to reduce the dropout rate. (20 U.S.C. 887(a); 45 CFR 124.1) Sec. 1.3 Basic objectives. (a) Because of the nature of the problem, comprehensiveness of approach should be an essential element in designing projects. No mere addition to the existing school program will be significant in keeping children in school; instead, the school district should consider introducing basic and widespread changes in its organization, curriculum offerings, pupil services, and teacher training. The thorough needs assessment required by 45 CFR 124.5(b) should assist the school district in determining what changes may be needed and the nature and extent of those changes. (b) In approaching the problem in a comprehensive fashion, the school district should also recognize that children begin to drop out of school long before they reach |