The Code of Federal Regulations of the United States of America

200.36 What are the requirements for schoolwide projects?

200.37 What are an SEA's responsibilities for program improvement?

200.38 What are an LEA's responsibilities for program improvement?

200.39 How may personnel be assigned non-Chapter 1 duties?

Subpart E-What Fiscal Requirements Apply to the Chapter 1 LEA Program?

200.40 What is the prohibition against using funds under this part to provide general aid?

200.41 What maintenance of effort requirements apply to this program? 200.42 Under what circumstances may an SEA waive the maintenance of effort requirement?

200.43 What comparability of services requirements apply to this program? 200.44 What supplement, not supplant requirement applies to this program? 200.45 How may an LEA exclude special State and local funds from comparability and supplement, not supplant determinations?

200.46 What is the maximum amount of funds an LEA may carry over?

200.47 What is the prohibition against considering payments under this part in determining State aid? 200.48-200.49

[Reserved.]

Subpart F-What Requirements Govern Participation in the Chapter 1 LEA Program of Educationally Deprived Children in Private Schools?

GENERAL

200.50 What are an LEA's responsibilities for providing Chapter 1 services to children in private schools?

200.51 What are the requirements for consultation with private school officials? 200.52 What factors does an LEA use in determining equitable participation? 200.53 What are the requirements to ensure that funds do not benefit a private school?

200.54 What are the requirements concerning equipment and supplies for the benefit of private school children? 200.55 May funds be used for construction of private school facilities?

CAPITAL EXPENSES

200.56 How does a State receive a payment for capital expenses?

200.57 How does an LEA receive a payment for capital expenses?

200.58 How does an LEA use payments for capital expenses? 200.59 [Reserved]

BYPASS

200.60 What general requirements govern the implementation of a bypass? 200.61-200.69 [Reserved]

Subpart G-What Are Other State Responsibilities for the Chapter 1 LEA Program?

200.70 Does a State have authority to issue State regulations for the Chapter 1 LEA Program?

200.71 How may State personnel paid with funds available under this part be assigned to State programs?

200.72 What funds are available for an SEA to carry out its responsibilities?

COMPLAINT PROCEDURES OF THE SEA 200.73 What complaint procedures shall an SEA adopt?

200.74 What are the minimum complaint procedures?

200.75 How does an organization or individual file a complaint?

200.76-200.79 [Reserved]

EVALUATION BY AN SEA

200.85 What technical standards does an SEA use in conducting its evaluation? 200.86 What requirements govern an SEA sampling plan?

200.87 How does an SEA aggregate LEA student achievement data for inclusion in its evaluation?

ALLOWABLE AND NONALLOWABLE COSTS 200.88 For what evaluation activities may an LEA or SEA use funds available under this part?

200.89 For what evaluation activities may an LEA or SEA not use funds available under this part?

AUTHORITY: 20 U.S.C. 2701-2731, 28212838, 2851-2854, 2891-2901, unless otherwise noted.

SOURCE: 54 FR 21756, May 19. 1989, unless otherwise noted.

Subpart A-General

§ 200.1 What is the Chapter 1 Program in Local Educational Agencies?

(a) Under the Chapter 1 Program in Local Educational Agencies (LEAs)— referred to in this part as the Chapter 1 LEA Program-the Secretary provides Federal financial assistance for projects designed to meet the special educational needs of

(1) Educationally deprived children in LEAS;

(2) Children in local institutions for neglected or delinquent children, including children in local correctional institutions; and

(3) Educationally deprived Indian children under section 1005(d) of the Act.

(b)(1) The purpose of assistance under this part is to improve the educational opportunities of educationally deprived children by helping these children

(i) Succeed in the regular program of the LEA;

(ii) Attain grade-level proficiency, and

(iii) Improve achievement in basic and more advanced skills.

(2) The purpose is accomplished through means such as supplemental education programs, schoolwide programs, and the increased involvement of parents in their children's education.

(Authority: 20 U.S.C. 2701)

(2) An SEA provides two types of subgrants-basic grants and concentration grants-to qualifying LEAS.

(b) Basic grants. An LEA is eligible for a basic grant if—

(1) There are at least 10 children counted under section 1005(c) of the Act in the school district of the LEA;

(2) Satisfactory data on a school district basis are not available but the school district served by the LEA is located, in whole or in part, in a county in which there are at least 10 children counted under section 1005(c) of the Act.

(i) The LEA is eligible for a basic grant under paragraph (b) of this section;

(ii) The school district of the LEA is located, in whole or in part, in a county in which the number of children counted under section 1005(c) of the Act in the school districts of LEAS in the county in the preceding fiscal year exceeds

(A) 6,500; or

(B) 15 percent of the total number of children aged 5 to 17, inclusive, in the school districts of LEAS in the county in the preceding fiscal year; and

(iii) The number of children counted for purposes of § 200.23 or § 200.24 in the preceding fiscal year in the school district of the LEA exceeds

(A) 6,500; or

(B) 15 percent of the total number of children aged 5 to 17, inclusive in the school district of the LEA in the preceding fiscal year.

(2) An LEA that does not qualify for a concentration grant under paragraph (c)(1) of this section may receive a concentration grant under

§ 200.25(b).

(d) Exception. This section does not apply to Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, Palau, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Secretary of the Interior.

(Authority: 20 U.S.C. 2711-2712)

§ 200.4 What kind of activities may an LEA conduct?

(a) Under the Chapter 1 LEA Program, an LEA may conduct only projects that are designed to provide supplemental services to meet the special educational needs of educationally deprived children at the preschool, elementary, and secondary school levels. (b) An LEA is encouraged to

(1) Develop programs to assist participating children to improve achievement in basic and more advanced skills; and

(2) Consider year-round services and activities, including intensive summer school programs.

(1) Acquisition of equipment and instructional materials;

(2) Acquisition of books and school library resources;

(3) Employment of special instructional personnel, school counselors, and other pupil services personnel;

(4) Employment and training of education aides;

(5) Payments to teachers of amounts in excess of regular salary schedules as a bonus for service in schools serving project areas;

(6) Training of teachers, librarians, other instructional and pupil services personnel, and, as appropriate, early childhood education professionals;

(7) Construction, if necessary, of school facilities;

(8) Parental involvement activities; (9) Planning for and evaluation of Chapter 1 projects; and

(10) Other allowable activities.

(d)(1) With the approval of the SEA, an LEA may use up to and including five percent of the funds the LEA receives under §§ 200.22 through 200.26 for innovation projects to promote quality in the Chapter 1 LEA Program.

(2) Innovation projects may include only the following:

(i) Notwithstanding § 200.31(a), the continuation of services to children who received Chapter 1 services in any preceding year for a period sufficient to maintain progress made during the

period of their participation in the program.

(ii) Notwithstanding §200.31(c)(1), the provision of continued services, for a period not to exceed two additional years, to children participating in a Chapter 1 project who are transferred to ineligible areas or schools as part of a desegregation plan.

(iii) Incentive payments to schools that have demonstrated significant progress and success in attaining the goals of this part.

(iv) Training of teachers paid with funds under this part and teachers and librarians paid with other funds with respect to the special educational needs of eligible children and integration of activities under this part into regular classroom programs.

(v) Programs to encourage innovative approaches to parental involvement or rewards to or expansion of exemplary parental involvement programs.

(vi) Encouraging the involvement of community and private sector resources (including fiscal resources) in meeting the needs of eligible children.

(vii) Assistance by LEAs of schools identified under § 200.38(b).

(3) Except as provided in paragraph (d)(2) (i)-(ii) of this section, the requirements of this part apply to innovation projects conducted under this section.

(Authority: 20 U.S.C. 2721)

§ 200.5 What regulations apply to the Chapter 1 LEA Program?

The following regulations apply to the Chapter 1 LEA Program:

(a) The Education Department General Administrative Regulations (EDGAR) as follows:

(1) 34 CFR Part 76 (State-Administered Programs) as follows:

(i) Subpart A (General), except for § 76.3 (ED general grant regulations apply to these programs).

(ii) Sections 76.125 through 76.137 (Consolidated Grant Applications for Insular Areas).

(iii) Section 76.401 (Disapproval of an application-opportunity hearing).

for a

(iv) Subpart F (What Conditions Must Be Met by the State and Its Sub

grantees?), except for the following sections:

(A) Sections 76.580-76.581 (Coordination).

(B) Sections 76.650 through 76.662 (Participation of Students Enrolled in Private Schools).

(D) Section 76.690 (Energy conservation awareness).

(v) Subpart G (What Are the Administrative Responsibilities of the State and Its Subgrantees?), except for the following sections:

(A) Sections 76.770 through 76.772 (State Administrative Responsibilities).

(B) Section 76.780 (A State shall adopt complaint procedures).

(D) Section 76.782 (An organization or individual may file a complaint).

(vi) Subpart H (What Procedures Does the Secretary Use to Get Compliance?).

(2) 34 CFR Part 77 (Definitions that Apply to Department Regulations).

(3) 34 CFR Part 78 (Education Appeal Board).

(4) 34 CFR Part 80 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments), unless a State formally adopts its own written fiscal and administrative requirements for expending and accounting for all funds received by SEAS and LEAS under this part. These requirements must be available for Federal inspection and must

(i) Be sufficiently specific to ensure that funds received under this part are used in compliance with all applicable statutory and regulatory provisions;

(ii) Ensure that funds received under this part are only spent for reasonable and necessary costs of operating programs under this part; and

(iii) Ensure that funds received under this part are not used for general expenses required to carry out other responsibilities of State or local governments.

(5) 34 CFR Part 81 (General Education Provisions Act-Enforcement).

(6) 34 CFR part 85 (Governmentwide Debarment and Suspension (Non

procurement) and Governmentwide Requirements for Drug-Free Workplace (Grants)).

(b) The regulations in this Part 200. (Authority: 20 U.S.C. 2831(a))

[54 FR 21756, May 19. 1989, as amended at 54 FR 43232, Oct. 23, 1989]

EFFECTIVE DATE NOTE: At 54 FR 43232, October 23, 1989, § 200.5 was amended by adding paragraph (a)(6), effective either 45 days after publication in the Federal Register or later if Congress takes certain adjournments.

§ 200.6 What definitions apply to the Chapter 1 LEA Program?

(a) Definitions in the Elementary and Secondary Education Act. The following terms used in this part are defined in section 1471 of the Act: Average daily attendance Construction

County

Effective schools programs

Elementary school

Equipment

Free public education

Local educational agency (LEA)

More advanced skills

Parent advisory council

Project area

Pupil services

Pupil services personnel

School facilities

Secondary school

Secretary

State

State educational agency (SEA)

(b) Definitions in EDGAR. The following terms used in this part are defined in 34 CFR 77.1:

Acquisition

Application

Department

EDGAR

GEPA

Grant

Minor remodeling Personal property

Private

Project

Public

Real property

Subgrant

Supplies

"Act" means the Elementary and Secondary Education Act of 1965, as amended (ESEA).

"Aggregate performance" means educational achievement of children participating in programs under this part, aggregated for a school as a whole, measured in accordance with the national evaluation standards in Subpart H.

"Chapter 1" means Chapter 1 of Title I of the Act.

"Children" means persons

(1) Up to age 21 who are entitled to a free public education through grade 12; or

(2) Who are of preschool age. "Desired outcomes"

(1) Means an LEA's goals to improve the educational opportunities of educationally deprived children to help those children

(i) Succeed in the regular educational program of the LEA;

(ii) Attain grade-level proficiency; and

(iii) Improve achievement in basic and more advanced skills;

(2) At a minimum, must be expressed in terms of aggregate performin accordance with

ance § 200.38(b)(1)(ii).

(3) May also be expressed in terms of other indicators such as

(i) Improved student performance measured by criterion-referenced tests; (ii) Lower dropout rates;

(iii) Improved attendance; and (iv) Fewer retentions in grades. "ECIA" means the Education Consolidation and Improvement Act of 1981.

"Educationally deprived children" means children whose educational attainment is below the level that is appropriate for children of their age.

"Fiscal year" means the Federal fiscal year—a period beginning on October 1 and ending on the following September 30-or another 12-month period normally used by the SEA for recordkeeping.

"Institution for delinquent children" means, as determined by the SEA, a public or private residential facility that is operated primarily for the care of children who have been determined to be delinquent or in need of supervision.

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