measures of efficiency and effectiveness. (20 U.S.C. 867a) (h)-(i) [Reserved] (j) "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 are 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 a public elementary or secondary school. (20 U.S.C. 881(f)) (k) "Parent" includes legal guardian or anyone else standing in loco parentis as defined by State law. (20 U.S.C. 244(3), 867) (1) "Planning" means the selection or identification of the overall, longrange goals, priorities, and objectives of the agency, and the formulation of various courses of action in terms of identification of needs and relative costs or benefits for the purpose of deciding on courses of action to be followed in working toward achieving those goals, priorities, and objectives. (20 U.S.C. 867) (m) [Reserved] (n) "State" includes, 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)) (0) "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. For the purposes of this part, the State educational agencies of Hawaii, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands, which serve both as State and as local educational agencies, shall be considered to be only State educational agencies. (20 U.S.C. 881(k)) (p) "State planning and evaluation agency" or "unit" means a single organizational unit within the State educational agency which has the exclusive authority for administering a comprehensive program of systematic planning and evaluation of elementary and secondary education in the State. (20 U.S.C. 867a(a)) [38 FR 21294, Aug. 14, 1973, as amended at 38 FR 30659, Nov. 6, 1973] § 129.2 State administration. (a) State leadership. It is the purpose of this Part to support a coordinated comprehensive program of systematic planning and evaluation of elementary and secondary education in each State. To this end, each State shall designate or establish a State planning and evaluation agency or unit within the State educational agency. This unit shall assume the responsibility of coordinating throughout the State the activities which are supported under this part. For State educational agencies that are by law both a State and a local educational agency, paragraphs (b) and (c) of this section and § 129.4 shall not apply. (20 U.S.C. 867, 867a(a)) (b) Program organization and administration. Prior to the submission of applications for grants under this part, the State educational agency shall, in order to assist the Commissioner in the administration of this part, provide the Commissioner with an indication of its intent to participate. Such indication will include (1) a description of the leadership and coordination role of the State educational agency, (2) criteria to be used for review of local educational agency applications pursuant to section 532(d) of the Act, (3) appeal procedures to be used in cases of disapproved local educational agency applications pursuant to such section, (4) recommendations concerning criteria for the allocation of available funds between State and local educational agencies, and (5) a description of the method of involving the local agencies in developing a coordinated program for the use of funds under this part. (20 U.S.C. 867 (a), (c), (d)) (c) Technical assistance. The State planning and evaluation unit shall provide, as necessary and appropriate, technical assistance to local educational agencies in their establishment of eligibility to participate under this part, in their development of applications and programs, and in the implementation and evaluation of those programs. (20 U.S.C. 867a, 867b) § 129.3 Application for grants. (a) In general. An application shall contain: (1) A statement of present and projected educational needs of persons residing in the area to be served; (2) A description of a program for meeting those needs which includes (i) Setting long-range areawide goals in meeting educational needs and establishing priorities among such goals, (ii) Developing long-range plans for achieving such goals, taking into consideration the resources available and the educational effectiveness of each of the alternatives, (iii) Planning new programs and improvements in existing programs based on the results of analyses of alternative means of achieving educational goals, (iv) Objectively evaluating at intermediate stages the progress and effectiveness of programs in achieving such goals, and, when appropriate, adjusting goals, plans, and programs to maximize educational effectiveness, and (v) Utilizing available management information, planning, and evaluation systems and techniques, (3) A plan for developing and strengthening the capabilities of the applicant to improve its planning capacity and to conduct, on a continuous basis, objective evaluations of the effectiveness of educational programs and projects; (4) A plan for utilizing the resources of, and coordinating with, programs affecting education conducted by or supported by other Federal, State, and local agencies, organizations, and persons; (5) A statement of policies and procedures which have been, or will be, established and implemented for developing and maintaining a permanent system for obtaining and collecting significant information necessary for the assessment of education in the area to be served by the applicant, for consulting with and involving parents of children served by the applicant, and for making full and detailed information concerning the educational planning and evaluation activities and findings of the applicant and other agencies and persons receiving assistance under this part reasonably available to the public; (6) A statement of those policies and procedures as will insure that Federal funds made available under the application will be so used as to supplement, and to the extent practical, increase the amounts of State or local funds to be made available for meeting the purposes of this part; and (7) In the case of an application from a State educational agency, a description of the provisions for using funds granted under this part to make program planning and evaluation services available to local educational agencies in the State. To judge the adequacy of these provisions for the purpose of approving the application of the State educational agency, the Commissioner may apply such criteria as: (i) The State educational agency has estimated the services desired by the local educational agencies, (ii) The State educational agency has identified the types of services available and has informed the local educational agencies of their availability, (iii) The staff of the State educational agency is adequate in size and competency to offer the services identified, (iv) The types of services available and procedures for offering them are consistent with the purposes of this part, (v) Services are provided on the basis of relative need of local educational agencies, and (vi) Local educational agencies requesting services have resources to benefit from the services provided. (20 U.S.C. 867b) (b) Assurances. Each application shall set forth, in such detail as the Commissioner may determine necessary, such policies and procedures as will provide satisfactory assurance that: (1) Assistance provided under this part, together with other available resources, will be so used for the purposes of this part as to result in the maximum possible effective progress toward the achievement of a high level of planning and evaluation competence; and (2) Assistance under this part will be used primarily in strengthening the capabilities of the planning and evaluation staff of the agency, office, or unit responsible for the administration of the comprehensive educational planning and evaluation. (20 U.S.C. 867b(b)(2)) (c) Local educational agency application. An application from a local educational agency shall contain, in addition to those items in paragraphs (a) and (b) of this section: (1) A description of the organization, responsibilities, and competencies of the planning and evaluation office or unit of the applicant; (2) A description of the consultation with the State educational agency in the development of the application; and (3) A description of how the applicant's planning and evaluation activities will be coordinated with the similar activities of the State educational agency; and will further contain either: (4) A description of the area and the population to be served by the applicant agency, or agencies if a joint application; or (5) A description of the demonstration nature of the project for planning, developing, testing, and improving planning and evaluation systems and techniques. (20 U.S.C. 867a(b)) (d) Supplementation of State or local effort. The application of a State or local educational agency shall contain or be accompanied by an assurance that Federal funds made available under the application will supplement and, to the extent practicable, increase the amount of State or local funds that would in the absence of such Fed eral Funds be made available for activities which meet the conditions of section 532 of the Act and of this section. In determining whether this assurance is adequate, the Commissioner may request additional data from the applicant such as: (1) The amount of State or local funds (including, in the case of program supported by Federal funds, the State or local share of all expenditures pursuant to such programs) to be expended by the applicant for activities which meet the conditions of section 532 of the Act and of this section as compared with (2) the amount of State or local funds expended by the applicant in the preceding fiscal year or years, as appropriate, for such activities, with allowances for unusual capital expenditures, such as the acquisition of data processing or other major items of equipment, and adjustments to reflect changes in the scope of the responsibilities of the applicant. (20 U.S.C. 867b) [38 FR 21294, Aug. 14, 1973, as amended at 38 FR 30659, Nov. 6, 1973] § 129.4 Review and disposition of applications. (a) Review of applications from local educational agencies. The State planning and evaluation unit shall receive and review all applications from local educational agencies which desire financial assistance under this part. The State planning and evaluation unit shall evaluate all applications against the criteria established pursuant to § 129.2(b)(2) in this part. (20 U.S.C. 867a (a), (d)) (b) Forwarding of applications to the Commissioner. (1) The State educational agency's application for financial assistance under this part and the applications from the local educational agencies within that State shall be submitted together to the Commissioner at such time as he may prescribe. (2) The State educational agency may establish a final submission date for local educational agency applications to be received by it which may be no more than 60 days prior to the date established by the State for submission by it of applications to the Commissioner pursuant to this section. A local educational agency may submit its application to the State educational agency not more than 90 days prior to the date established by the State for submission by it of applications to the Commissioner pursuant to this section. The State educational agency may have up to these 90 days to act upon all local educational agency applications submitted to it prior to its submission of applications to the Commissioner. (3) All applications forwarded by the State educational agency shall be accompanied by such evaluative annotations, judgments, and recommendations as the Commissioner may require which will enable him to provide an expeditious review and approval of the applications. Each State educational agency shall recommend local and State educational agency applications which, together, add up to no more than the total apportionment for the State for the applicable fiscal year. (20 U.S.C. 867b(a), 867a(d), 867(c)) (c) Commissioner's review of local educational agency applications disapproved by a State educational agency. All local educational agency applications, whether the State educational agency recommends them for approval by the Commissioner or disapproves them, must be submitted at the same time to the Commissioner with the comments referred to in paragraph (b) of this section. Prior to submitting any disapproved applications to the Commissioner, the State educational agency shall comply with its own appeal procedures referred to in § 129.2(b)(3): Provided, That these procedures shall not delay the timely submission of applications to the Commissioner pursuant to paragraph (b) of this section. (20 U.S.C. 867a, 867b) § 129.5 Parental participation. An application shall contain such information as the Commissioner may consider necessary which will indicate that the interested parents have been given reasonable notice and opportunity to express their views on the planning and development of the application, and that such notice and opportunity shall be at least as effective as providing access to the application as drafted, with an announcement in a newspaper of general circulation in the area concerning the availability of such application and of an opportunity to review the application and to express views orally or in writing. (20 U.S.C. 867b(b)(1)) § 129.6 Amendments. (a) [Reserved] (b) Approval. Amendments to applications of local educational agencies shall be submitted for review to the State educational agency. Within 30 days after receipt, the State educational agency shall forward the proposed amendment to the Commissioner with recommendations for approval or disapproval. All amendments proposed by State educational agencies to their own applications shall be submitted to the Commissioner for approval. (20 U.S.C. 867a, 867b) [38 FR 21294, Aug. 14, 1973, as amended at 38 FR 30659, Nov. 6, 1973] § 129.8 Grant awards. Grant awards may be made by the Commissioner from each State's apportionment for each fiscal year to each State and local educational agency on the basis of approved applications. To simplify payment procedures, the Commissioner may, pursuant to a single instrument, transfer funds under this part to a State agency for the purpose of making payments under approved State and local educational agency grants in that State. The State, as agent, shall subsequently transfer such funds in the appropriate amounts and at appropriate times to those local educational agencies having applications approved by the Commissioner in accordance with this part. Such arrangement shall not affect the responsibility or authority of a local educational agency with an approved application with respect to the administration of its project or otherwise alter the duties and responsibilities of the Commissioner which would prevail with respect to the grant in the absence of such arrangement. (20 U.S.C. 867(c)(3), 867b, 1232d) § 129.20 Reapportionment. (a) In general. The amount of any State apportionment under this Part for any fiscal year which the Commissioner determines will not be required for such fiscal year shall be available for reapportionment, from time to time, on such dates during the year as the Commissioner may fix, to other States in proportion to the original apportionment to such States under title V-C of the Act for that year, but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Commissioner estimates such State and local educational agencies of that State need and will be able to use for such year; and the total of these reductions shall be similarly reapportioned among the States whose proportionate amounts were not so reduced. (b) Statements of anticipated need. In order to provide a basis for reapportionment by the Commissioner under this section, each State educational agency shall, if requested, submit to the Commissioner, by such date or dates as he may specify, a statement or statements showing the anticipated need during the current fiscal year for the amount previously apportioned, or any amount needed to be added thereto. Such further information as the Commissioner may request for the purpose of making reapportionments shall be reflected in such statements. (20 U.S.C. 867) Sec. 130.18 Urban and rural areas with high concentrations of low-income families. 130.18a Areas with high concentration of limited English-speaking ability. 130.19 Long-range program. 130.20 Annual program. 130.21 Notifications of construction projects. 130.22 Amendment of State plan. Subpart C-Federal Financial Participation 130.30 Application of Federal requirements. 130.31 Federal and State shares of eligible expenditures. 130.32 Eligible costs. Subpart D-Payments and Reports 130.40 Conditions for payments to States. AUTHORITY: Sec. 2, Pub. L. 91-600, 84 Stat. 1660 (20 U.S.C. 351), unless otherwise noted. SOURCE: 39 FR 41711, Dec. 2, 1974, unless otherwise noted. Subpart A-Types of Assistance § 130.1 Purpose and scope. The purpose of the regulations in this part is to implement the provisions of the Library Services and Construction Act, as amended, which provides for Federal grants to States to assist them in the establishment, extension, and improvement of public library services in areas of the States which are without such services or in which such services are inadequate; with public library construction; in the establishment, extension, and improvement of such other State library services as library services for physically handicapped, institutionalized, and disadvantaged persons; in strengthening State library administrative agencies; and in promoting inter-library cooperation among all types of libraries. (20 U.S.C. 351) § 130.2 General Provisions Regulation. Financial assistance under this part is subject to the applicable provisions contained in Subchapter A of this |