Title 45-PUBLIC WELFARE

Chapter I-Office of Education, Department of Health, Education, and Welfare

PART 171-FINANCIAL ASSISTANCE FOR ACQUISITION OF EQUIPMENT TO IMPROVE UNDERGRADUATE INSTRUCTION IN INSTITUTIONS OF HIGHER EDUCATION

Chapter I of Title 45 of the Code of Federal Regulations is hereby amended by adding a new part, Part 171.

Grants made pursuant to the regulations set forth below are subject to the regulations in 45 CFR Part 80, issued by the Secretary of Health, Education, and Welfare, and approved by the President, to effectuate the provisions of section 601 of the Civil Rights Act of 1964 (P.L. 88-352).

(a) "Act" means Public Law 89-329, the Higher Education Act of 1965. Unless otherwise indicated, title references are to titles of the Act. All terms defined in section 801 of the Act shall have the same meaning as given them in the Act. All references to sections are to sections of this part, unless otherwise indicated.

(b) "Assignable area" means square feet of area in facilities designed and available for assignment to specific functional purposes, as distinguished from area in a building used either for janitorial and building maintenance services or for nonassigned use (e.g., public

washrooms and general service areas).

(e) "Audiovisual center" means a facility controlled and operated by one or more institutions of higher education, for: (1) The collection, production, custody, cataloguing, maintenance, or distribution of audiovisual materials for use in providing instruction in such institutions of higher education; or (2) the use by students of special audiovisual or other programed instructional equipment on an individual basis for selfinstruction purposes; or (3) a combination of such purposes.

(d) "Basic educational and general expenditures" means the total of all expenditures (including the estimated value of nonsalaried or contributed personal services) no matter by whom made, for a particular institution or branch campus of such institution, for: General administration and general expense; instruction and departmental research; libraries; and operation and maintenance of the physical plant. For purposes of this definition:

(1) "Expenditures for general administration and general expense" includes all expenditures of the general executive and administrative offices serving the institution (or branch campus) as a whole, expenditures for deans of students and their staffs, and for the counseling and guidance program, the placement bureau, the student loan service, the student health service (where not an auxiliary enterprise intended to be selfsupporting), and other expenditures which are of a general character not related to any specific division of the institution (other than libraries, and operation and maintenance of the physical plant, as separately defined in subparagraphs (3) and (4) of this paragraph); (2) "Expenditures for instruction and departmental research" includes all expenditures of instructional departments (e.g.; salaries, office expense and equipment, laboratory expense and equipment, and other expenses), including expenditures for departmental research but excluding separately organized or separately budgeted research;

(3) "Library expenditures" includes all expenditures for separately organized libraries, both general and departmental, including those for salaries, wages, other operating expenses, books, and binding costs;

(4) "Expenditures for operation and maintenance of the physical plant" includes salaries, wages, supplies, other expense, and equipment for operation and maintenance of the institutional plant, except those expenditures appropriately

chargeable to “auxiliary enterprises," or to "organized activities relating to educational departments;"

(5) All other terms and account clasifications used herein shall have the same meaning as given them in College and University Business Administration, Volume I, American Council on Education, Washington, D.C., 1952.

(e) "Branch campus" means a campus of an institution of higher education which is located in a community different from that in which its parent institution is located. A campus shall not be considered to be located in a community different from that of its parent institution unless it is located beyond a reasonable commuting distance from the main campus of the parent institution.

ratio"

(f) "Capacity/enrollment means the ratio of square feet of assignable area of instructional and library facilities (as defined in paragraph (m) of this section) to the total student clock-hour enrollment divided by 100. For purposes of this definition, "student clock-hour enrollment" means the aggregate clock hours (sometimes called contact hours) per week in classes or supervised laboratory or shop work for which all resident students (1.e., students taking residence credit, irrespective of the time of day or workload of the student) are enrolled as of a particular date. Where formally established independent study programs exist, systematically determined equivalents of class or laboratory hours may be included under "student clock-hour enrollment," subject to verification and adjustment by he State commission.

(g) "Classroom" means, for purposes of eligibility of projects under this part, a "general classroom," "instructional laboratory or shop," "other teaching facility," or "service area for teaching facilities," as such terms are defined in paragraph (m) (1), (2), (3), and (4) of this section. The term does not include faculty offices, library facilities, or any facilities under the categories of “instruction-related facilities" or "related facilities" or "related supporting facilities" as defined in § 170.1(d) (ii) and (iii) of this chapter.

(h) "Commissioner" means the U.S. Commissioner of Education or his desig

nee.

(1) "Eligible subjects" means courses at the undergraduate level (as defined in paragraph (y) of this section) in science, mathematics, foreign languages, history, geography, government, English, other humanities, the arts, and education. As used herein:

(1) "Science" includes the physical, biological, engineering and social sciences, and subjects which are interdisciplinary within the sciences.

(1) "Biological sciences" means the division of the natural sciences which deals with life, including such fields as Agriculture, Biology, Botany, Zoology, Bacteriology, Cytology, Ecology, Embryology, Entomology, Anatomy, Genetics, Microbiology, Nutrition, Pathology, Virology, Physiology, Morphology, Marine Biology, Hydrobiology, and the biological aspects of Anthropology and Psychology.

(ii) "Physical sciences" means the division of the natural sciences which deals primarily with nonliving matter, including such fields as Physics, Chemistry, Geology, Paleontology, Astronomy, Meteorology, Metallurgy, Mineralogy,

and branches of these fields.

(iii) "Engineering" means the applied sciences in which a knowledge of the mathematical and natural sciences is applied with judgment to develop ways to utilize, economically, the materials and forces of nature. Included in this definition, for the purposes of the Act, are the "engineering sciences" such as engineering physics, mechanics, and "engineering technology" such as aeronautical engineering technology, civil engineering technology, and electronic engineering technology.

(iv) "Social sciences" means the branch of science that deals with the institutions and functioning of human society and with the interpersonal relationships of individuals as members of society, including such fields as Anthropology, Area Studies (including American Civilization and Culture), Business and Commerce, Economics (including Agricultural Economics), Industrial Relations, Linguistics, Psychology, and Sociology. Fields such as History, Government, and Education, while considered branches of Social Science, are given separate, special emphasis in the Act and are separately defined below.

(v) Fields which are interdisciplinary or overlapping within the sciences, include such as the following: Biochemistry, Biophysics, Astrophysics, Geophysics, Geochemistry, Forestry, Oceanography, Home Economics, Library Sciences, and Information Sciences.

(2) "Mathematics" means the logical study of shape, arrangement, and quantity; the science of numbers and their operations, interrelations, combinations, transformations, and generalizations. Included under this definition are all fields dealing with mathematical and statistical theory and methodology as

distinguished from fields of study or research the principal content of which is a natural, social or engineering science. (3) "Foreign languages" means: (1) Any languages other than English; and (1) English, as a foreign language.

(4) "History" means the study of past and contemporary events in relation to peoples and civilizations.

(5) "Geography" means the study of the spatial distributions and relationships on the earth's surface of those elements that give character to places. These include natural phenomena (such as land, water, air), biotic phenomena (plant and animal life), and human phenomena (such as population, occupations, transportation, and communications). The term includes the study of physical, political, social, economic, and historical geography.

(6) "Government," or "political science" means the study of political and governmental institutions and processes. This definition includes the study of American government, comparative government, international organization, and public administration.

(7) "English" means the study of the English language in its spoken and written forms, and training and practice in the communication skills of listening, speaking, reading, and writing. It includes speech, grammar, literature, language arts, journalism, creative writing, and remedial or supplemental reading training (when given to undergraduate students) in the English language.

(8) "Other humanities" includes such fields as jurisprudence and philosophy.

(9) "The arts" includes such fields as music, drama, dance, folk art, architecture and allied fields, painting, sculpture, photography, graphic arts, industrial design, fashion design, motion pictures, television, and similar major art forms.

(10) "Education" means the study of the learning process and of subjects related to teaching and to the organization and administration of education, including the history and philosophy of education, curriculum development, and programs to prepare students for specialized teaching fields such as physical education, education of the physically, mentally, or emotionally handicapped, agriculture education, business or commercial education, trade and industrial Vocational education, music or art education.

· (j) “Equipment" means any instrument, machine, apparatus, or set of articles which meets the following conditions: (1) It retains its original shape

and appearance with use; and (2) it is nonexpendable; that is, if the article is damaged or some of its parts are lost or worn out, it is usually more feasible to repair it than to replace it with an entirely new unit.

(k) "Full-time equivalent number of students" means, for purposes of determining State allotments, the number of full-time students enrolled in programs which consist wholly or principally of work normally creditable toward a bachelor's or higher degree plus onethird of the number of part-time students enrolled in such programs, plus 40 percent of the number of students enrolled in programs which are not chiefly transferable toward a bachelor's or higher degree plus 28 percent of the remaining number of such students. Student enrollment figures for each fiscal year for the purpose of this computation shall be those listed in the most recent edition of the Office of Education publication Opening Fall Enrollment in Higher Education.

(1) "Institutional fiscal year" means for a particular institution or branch campus a period of 1 year, not necessarily corresponding with the school year, at the end of which financial accounts are closed and reports made, usually June 30 or December 31.

(m) "Instructional and library facilities" means all rooms or groups of rooms used regularly for instruction of students, for faculty offices, or for library purposes. A room intended and equipped for any of the purposes listed below should be counted in the appropriate category, regardless of the building (e.g., administrative building, library building, or field house) in which it is located. Instructional and library facilities are subdivided into the following categories:

(1) "General classrooms" means all instructional rooms used or intended and equipped to be used chiefly for lectures, recitations, and seminar types of class meetings, regardless of the size of the room. The seating area of an auditorium or theater, if regularly used for scheduled class meetings, should be classified and counted as a general classroom.

(2) "Instructional laboratories or shops" means all instructional rooms equipped for special purposes such as chemistry experiments, language practice, food preparation and service in home economics, shopwork in industrial arts, painting, etc. (Adjoining areas such as a balance room, supply room, dark room, or projection room, are considered to be "service areas for teaching facilities" and are not to be counted with instructional laboratories and shops.)

(3) "Other teaching facilities" means all other rooms and areas regularly used or intended for scheduled class meetings or individual instruction, such as: Music >ractice rooms (for individual practice) and music studios (where an instructor's office serves also as a studio, the room should be counted under "faculty offices"); playing floors, wrestling and boxing rooms, indoor swimming pools, and indoor track and field areas used regularly for instructional purposes. Storage rooms for musical instruments, seating areas, locker and shower rooms, and equipment issue and storage rooms used in connection with scheduled classes and located in the gymnasium are considered to be "service areas for teaching facilities" and are not to be counted with other teaching facilities.

(4) "Service areas for teaching facilities" means all service areas which adjoin and are used in conjunction with any general classrooms, instructional laboratories or shops, or other teaching facilities. Examples of service areas for teaching facilities are: Closets in general classrooms or in instructional laboratories or shops; rooms adjoining and used in conjunction with instructional laboratories or shops, such as a balance room, a storeroom, supply room, dark room, or projection room; seating areas, locker and shower rooms, and equipment issue and storage rooms located in a gymnasium; instrument storage areas adjoining a music studio.

(5) "Library facilities" means rooms or groups of rooms used for the collection, storage, circulation, and use of books, periodicals, manuscripts, and ther reading and reference materials, including the general library, departmental libraries, and rooms for special collections of documents, rooms for storage of films, records, and other audiovisual equipment and materials, rooms for the use by students of special audiovisual and other programmed instructional equipment on an individual basis for self-instruction purposes, library reading and listening rooms, acquisition rooms, cataloguing rooms, document reproduction rooms, circulation and reference desks, and any other similar library service area and the library administrative offices. Rooms used for any such purposes should be counted under library facilities. Library science laboratories and lecture classrooms located in a library building are to be counted as either general classrooms or instructional laboratories and shops.

(6) "Faculty offices" means all rooms or groups of rooms with office-type equip

ment, which are assigned to one or more faculty members for the performance of administrative, clerical, or faculty duties other than meeting of classes. A studio room in a department of music or fine arts, assigned to one or more faculty members for their own work, even though occasionally used for a student lesson, should be counted as a faculty office. Service areas for faculty offices (e.g., waiting rooms, office files and supply rooms, interconnecting corridors within a suite of offices, private toilets and clothes closets) should be counted together with the offices themselves.

(n) "Instructional television fixed service" (ITFS), as defined by the Federal Communications Commission (47 CFR 74.901 et seq.), means a fixed station operated by an educational organization and used primarily for the transmission of visual and aural instructional, cultural, and other types of education material to one or more fixed receiving locations. Instructional television fixed service stations operate in the portion of the microwave spectrum from 2500 to 2690 megacycles.

(o) "Laboratory and other special equipment and materials" means items of built-in or movable equipment, as defined in paragraph (j) of this section, and "materials," as defined in paragraph (p) of this section, which are suitable for use in providing instruction in institutions of higher education, and includes: (1) Audiovisual equipment, such as projectors, recording equipment, and television receivers which are not part of closed-circuit television systems; (2) devices (other than those used for printing, such as printing presses and offset printing machines) to be used for preparation of audiovisual and other instructional materials; (3) equipment for the maintenance and repair of materials in audiovisual centers; and (4) storage equipment to be used solely for the care and protection of the foregoing items when used in classrooms. Not included under the term are such items as general-purpose furniture, radio or television broadcast apparatus, public address systems, computers, or items for the maintenance and repair of equipment.

(p) "Materials" means those items which with reasonable care and use may be expected to last for more than one year and are suitable for and are to be used in providing instruction in institutions of higher education. The term includes such items as audio and video tapes; discs; slides and transparencies; films and filmstrips; books; models and mock-ups; pamphlets; periodicals for