(b) Activities authorized under paragraph (a) of this section may include:

(1) Educational planning on a district basis, including the identification of educational problems, issues, and needs in the district and the evaluation on a periodic or continuing basis of educational programs in the district;

(2) Providing support or services for the comprehensive and compatible recording, collecting, processing, analyzing, interpreting, storing, retrieving, and reporting of educational data including the use of automated data systems;

(3) Programs for conducting, sponsoring, or cooperating in educational research and demonstration programs and projects such as (i) establishing and maintaining curriculum research and innovation centers to assist in locating and evaluating curriculum research findings, (ii) discovering and testing new educational ideas (including new uses of printed and audiovisual media) and more effective educational practices, and putting into use those which show promise of success, and (iii) studying ways to improve the legal and organizational structure for education, and the management and administration of education in the district of such agency;

(4) Programs to improve the quality of teacher preparation, including student-teaching arrangements, in cooperation with institutions of higher education and State educational agencies;

(5) Programs and other activities specifically designed to encourage the full and adequate utilization and acceptance of auxiliary personnel (such as instructional assistants and teacher aides) in elementary and secondary schools on a permanent basis:

(6) Providing such agencies and the schools of such agencies with consultative and technical assistance and services relating to academic subjects and to particular aspects of education such as the education of the handicapped, the gifted and talented, and the disadvantaged, vocational education, school building design and utilization, school social work, the utilization of modern instructional materials and equipment, transportation, educational adminis

trative procedures, and school health, physical education, and recreation;

(7) Training programs for the officials of such agencies; and

(8) Carrying out any such activities or programs, where appropriate, in cooperation with other local educational agencies.

(20 U.S.C. 1831(b); 866(b))

COMPREHENSIVE PLANNING AND

EVALUATION

§ 134b.50 Comprehensive

educational planning and evaluation activities. (a) Funds available under § 134b.2(c) may be used for activities by State and local educational agencies in order to assist and stimulate them to enhance their capability to make effective progress, through comprehensive and continuing planning and evaluation, toward the achievement of opportunities for high-quality education for all segments of the population.

(20 U.S.C. 1831(b); 867(a))

(b) Funds available to local educational agencies under paragraph (a) of this section may be used for demonstration projects to plan, develop, test, and improve planning and evaluation systems and techniques consistent with, and to further the purposes of, paragraph (a) of this section.

(20 U.S.C. 1831(b); 867a(b)(5))

§ 141.1 Definitions.

As used in this part:

"Academic subjects" means the following elementary and secondary school subjects: The arts, civics, economics, English, geography, history, the humanities, industrial arts, mathematics, modern foreign languages, reading, and science.

"Act" means the National Defense Education Act of 1958, 20 U.S.C. Ch. 17.

"Arts" includes, but is not limited to, music (instrumental and vocal), dance, drama, folk art, creative writing, architecture and allied fields, painting,

sculpture, photography, graphic and craft arts, industrial design, costume and fashion design, film, television, radio, tape and sound recording, and the arts related to the presentation, performance, execution and exhibition of such major art forms.

“Audiovisual library” means a facility used for the acquisition, preparation, maintenance, and circulation of audiovisual materials for education in academic subjects in public elementary and secondary schools, and controlled and operated by a State or local educational agency or other public school authority below the State level.

"Class" means a group of students assembled for instruction for a given period of time under a teacher or teachers.

"Electronic digital and analog computing equipment" means electronic devices capable of input (receiving information), memory (storing information), programs (performing arithmetical and logical operations), and output (presenting the results of the processing). Input devices may be in the form of key or paper punches, magnetic tape impregnators, magnetic ink, printed characters, or keyboard. Memory devices may be in the form of magnetic drums, tapes, disks, cards, or cores. The term also includes output media which may be in the form of punch cards, magnetic or paper tape, printed copy, or visual display. (Special purpose computing devices and auxiliary equipment whose major application is in data processing and other business and administrative areas are not eligible except for those elements which may be essential for scientific problem solving or for mediating instruction in one of the academic subjects.)

"Equipment" means laboratory and other special equipment as defined in this section, including materials as defined in § 100.1 of this chapter.

"Humanities" includes, but is not limited to, the study of the following: Language, both modern and classic; linguistics; literature; history; jurisprudence; philosophy; archeology; the history, criticism, theory, and practice of the arts; and those aspects of the social sciences which have humanistic

content and employ humanistic methods.

"Laboratory and other special equipment" (a) The term includes: (1) Fixed or movable articles, including electronic digital and analog computing equipment, which are particularly appropriate for use in providing education in academic subjects in a public elementary or secondary school and which are to be used either by teachers in connection with teaching or by students in learning in such subjects; (2) audiovisual equipment (including projectors, recorders, television cameras, television receivers, closed-circuit television distribution systems, and ancillary television projection and reception equipment to be used primarily for nonbroadcast purposes, except where broadcast takes the place of closed-circuit cable systems), to be used, either by teachers in connection with teaching or by students in connection with learning, primarily in providing education in academic subjects in a public elementary or secondary school; (3) materials (as defined in § 100.1 of this chapter) and devices (other than those used for printing, such as printing presses and offset printing machines) to be used for preparation of audiovisual and instructional materials for academic subjects; (4) storage equipment to be used solely for the care and protection of the items specified in paragraph (a)(1)-(3) of this definition, when used in laboratories or classrooms; (5) testgrading equipment to be used primarily in providing education in academic subjects in a public elementary or secondary school; and (6) specialized equipment for audiovisual libraries serving public elementary or secondary schools when such equipment is to be used primarily in providing education in academic subjects.

(b) The term excludes such items as general-purpose furniture, school public address systems, or items for the maintenance and repair of equipment. However, the term does include equipment for maintenance, repair, and storage of materials in audiovisual libraries.

"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 a public elementary or secondary school.

"Minor remodeling" (notwithstanding the definition set forth in § 100.1 of this chapter) means those minor alterations, in a previously completed building in space used or to be used a laboratory or classroom for education in academic subjects, which are needed to make effective use of equipment in providing education in such subjects. The term also includes those minor alterations in a previously completed building which are needed to make effective use of the items referred to in paragraph (a)(5)–(6) of the definition of "Laboratory and other special equipment" in this section. The term may also include the extension of utility lines, such as for water and electricity, from points beyond the confines of the space in which the minor remodeling is undertaken but within the confines of such previously completed building, to the extent needed to make effective use of equipment. The term does not include building construction, structural alterations to buildings, building maintenance, repair, or renovation.

"Project": (a) As applied to the acquisition of laboratory or other special equipment or minor remodeling the term means (1) a proposal submitted by a local educational agency, or agencies, or other public school authority below the State level, or (2) in cases where the State educational agency operates one or more public elementary or secondary schools or audiovisual libraries, a proposal submitted by the highest administrative officer of such school or audiovisual library.

(b) Proposals shall contain: (1) Description and current cost estimates of the equipment to be acquired or minor remodeling to be performed; (2) certi

fication that the equipment is to be used primarily for providing education in academic subjects, except that in the case of storage equipment the certification shall be to the effect that the storage equipment will be used solely for the care and protection of equipment and materials used in providing such education; and (3) information showing the direct relationship of the proposed expenditures to the overall design for enriching the planned educational program and the achievement of desired curriculum goals in academic subjects.

"School" means a division of instructional organization consisting of a group of pupils comprised of one or more grade groups, organized on a class basis as one unit with one or more teachers to give instruction of a defined type, and housed in a school plant of one or more buildings. More than one school may be housed in one school plant as when elementary and secondary schools are so housed.

"Secondary school" means a school which provides secondary education, as determined under State law or, if such school is not in a State, as determined by the Commissioner. The term does not include any education provided beyond grade 12 except that (notwithstanding the definition set forth in § 100.1 of this chapter) it may include a public junior college when it is a part of or an extension of the secondary school system of the State as determined under State law.

ser

"Services": (a) "Supervisory vices" mean the services rendered by a qualified person in the promotion, maintenance, and improvement of instruction in one or more of the academic subjects;

(b) "Related Services" mean those technical activities which support supervisory services in academic subjects.

"Standards" are means for determining the suitability of equipment or minor remodeling as it relates to the improvement of instruction in one or more of the academic subjects in public elementary and secondary schools.

(a) With respect to equipment acquisition: "standards” mean criteria, categories of eligible equipment and mate

rials, and such relevant information as the State wishes to use in determining eligibility, including any limitations, prohibitions, or minimum quality requirements developed by the State to encourage long-range planning and to ensure acquisition of equipment appropriate for a specific program of instruction.

(b) With respect to minor remodeling: "standards” are criteria for determining approvability of projects. Such standards shall include a requirement that there be a direct relationship between the minor remodeling and the improvement of instruction in the academic subjects.

"State" means a State of the Union, the District of Columbia, Puerto Rico, the Canal Zone, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.

"State educational agency" or "State 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.

"Textbook" means a book, workbook, or manual which is used as the principal source of study material for a given class or group of students, a copy of which is expected to be available for the individual use of each pupil in that class or group of students. (20 U.S.C. 403, 443)

§ 141.2 General provisions regulations.

Assistance 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. 443)

Subpart B-State Plans

§ 141.3 Purpose.

(a) States. A basic condition for the payment of Federal funds to a State under sections 301-304 of the Act is a State plan that meets the requirements of sections 303(a) and 1004(a) of the Act in providing a program under

which funds paid to the State under its allotment under section 302(a) of the Act will be expended solely for projects approved by the State educational agency for the acquisition of laboratory and other special equipment suitable for use in providing education in academic subjects, and minor remodeling.

(b) Departments of Interior and Defense. The basic condition for the payment of funds under Title III-A of the Act to the Department of the Interior or the Department of Defense is a plan which describes the projects to be carried out with the funds together with such other information and assurances as the Commissioner may require.

(20 U.S.C. 443(a), 588(B))

§ 141.4 Effect of State plan.

The State plan, when approved by the Commissioner, shall constitute the basis on which Federal grants will be made, as well as a basis for determining the propriety of State and local expenditures in which Federal participation is requested.

(20 U.S.C. 443(a))

§ 141.5 Effect of Department plan.

A plan from the Department of the Interior or the Department of Defense, when approved by the Commissioner, shall constitute the basis on which payments will be made to those Departments under Title III-A of the Act and the basis for determining the propriety of the expenditures of those funds by those Departments.

(20 U.S.C. 588(B))

§ 141.6 Program and operational procedures.

(a) The administration of the program shall be kept in conformity with the approved plan, the regulations in this part, and Title III-A of the Act.

(b) A description of the program and operational procedures shall be recorded and made available to the public upon request.

(20 U.S.C. 443(a))

[40 FR 1018, Jan. 6, 1975, as amended at 41 FR 35678, Aug. 24, 1976]

§ 141.7 Submission.

(a)(1) A State plan shall be submitted to the Commissioner by a duly authorized officer of the State agency. (2) A plan submitted by the Department of the Interior or the Department of Defense shall be submitted by an officer of that Department.

(b) A State plan shall give the official name of the agency which will administer the plan and shall indicate that such agency meets the criteria for a State educational agency.

(20 U.S.C. 443(a), 584(a)(3), 588(B))

§ 141.8 Certificate of the State Attorney General or other appropriate State legal officer.

The State plan shall also include as an attachment a certificate by the appropriate State legal officer to the effect that the State educational agency named in the plan is the agency having authority to administer the State plan or to supervise the administration of the State plan; that the State educational agency has authority under State law to develop, submit, and administer or supervise the administration of the plan; and that the State has authority under State law to carry out the State plan. (20 U.S.C. 443(a))

§ 141.9 Approval by the Commissioner.

The Commissioner will approve each plan which he determines meets the applicable requirements of Title III-A of the Act and regulations in this part, and will notify the applicant of the granting or withholding of approval in each such case. However, no final action, other than one of approval, will be taken by the Commissioner unless he first notifies the applicant of his proposed action and affords the applicant a reasonable opportunity for a hearing on whether the affected plan meets such requirements.

(20 U.S.C. 443(b), 584(b))

§ 141.10 Ineligibility to participate.

Whenever the Commissioner, after reasonable notice and opportunity for a hearing, finds:

(a) That the plan fails to comply with the requirements of Title III-A