(ii) Arranges for services to affected eligible children by contracting with organizations or individuals within the State qualified to provide educational services in accordance with the Act and this part

(2) For the purpose of determining if the conditions described in paragraph (a)(1) of this section exist in the State, the Commissioner requires the SEA to furnish an opinion of the Attorney General of the State.

(b) If the Commissioner arranges for services to eligible children attending non-public schools, the Commissioner reduces the grant to the SEA, including administrative funds, by the amount of funds for which the SEA would have been eligible on behalf of those children.

(c) Even if an SEA is prohibited by law from providing public educational services for children enrolled in nonpublic elementary and secondary schools, the SEA shall identify and separately enumerate these children in the count required under § 122a.6. (Section 206(c) of the Act; 20 U.S.C. 1221e3(a)(1))

(b) Demonstration Projects (45 CFR Part 123b). This program provides financial assistance to demonstrate exemplary approaches to providing programs of bilingual education and to building the capacity of the grantee to continue those programs when Federal funding is reduced or no longer available..

(20 U.S.C. 3223-3231)

(c) State Educational Agency Projects for Coordinating Technical Assistance (45 CFR Part 123c). This program provides financial assistance to State educational agencies (SEAs) to coordinate technical assistance to programs of bilingual education funded under the Act within their States.

(20 U.S.C. 3231(b)(5))

(d) Support Services Projects (45 CFR Part 123d). This program provides financial assistance to strengthen programs of bilingual education and bilingual education training programs. There are two types of centers authorized:

(1) Bilingual Education Service Centers (BESCs). These centers provide training and other services to pro

(i) Materials Development Projects Program (45 CFR Part 123i).

(1) This program awards grants and contracts to develop instructional and testing materials for use in programs of bilingual education and bilingual education training programs.

(2) Grants under this program are covered by these regulations.

(3) Contracts are subject to(i) The requirements of the Bilingual Education Act;

(ii) The regulations in 41 CFR Chapters 1 and 3; and

(iii) The requirements and criteria in particular requests for proposals

(RFPs).

(20 U.S.C. 3231 (a)(1), (a)(4))

(j) Research and Development Program. (1) This program authorizes(i) Research activities funded by the Office of Education (OE);

(ii) Research-funded by the National Institute of Education (NIE) in consultation with OE-to enhance the effectiveness of bilingual education and other programs for persons who have language proficiencies other than English;

(iii) Coordination-by the Assistant Secretary for Education-of OE, NIE, the National Center for Education Statistics (NCES), and other appropriate agencies to develop a national research program for bilingual education; and

(iv) Development and dissemination of instructional materials and equipment suitable for programs of bilingual education.

(2) Awards under this program are made by contract and are not covered by these regulations.

(3) These contracts are subject to(i) The requirements of the Bilingual Education Act;

(ii) The regulations in 41 CFR Chapters 1 and 34; and

(iii) The requirements and criteria in particular requests for proposals (RFPs).

(20 U.S.C. 3252)

[45 FR 23211, Apr. 4, 1980; 45 FR 35818, May 28, 1980]

(3) An IHE or a nonprofit private organization that applies after consultation with one or more LEAs or with an SEA; or

(4) An IHE or a nonprofit private organization that applies jointly with one or more LEAS or with an SEA.

(20 U.S.C. 3233(b))

(f) School of Education Projects. Those eligible for assistance under this program are—

(1) An IHE with a school, department, or college of education or a bilingual education training program that applies after consultation with one or more LEAS or with an SEA; or

(2) An IHE with a school, department, or college of education or a bilingual education training program that applies jointly with one or more LEAS or with an SEA.

(20 U.S.C. 3233(b))

(g) Desegregation Support Program. (1) (i) An LEA that meets the requirements of Sections 606(a) and 606(c) of the Elementary and Secondary Education Act of 1965, as amended (ESEA), and any regulations implementing those sections, may apply for a grant.

(ii) If an applicant LEA does not meet the requirements in Section 606(c) of ESEA, the Secretary uses the procedures for show cause conferences established by regulations under Title VI of ESEA.

(iii) The Secretary uses the procedures for granting a waiver of ineligibility described in Section 606(c) of ESEA and in regulations implementing that section.

(2) A nonprofit private agency, institution, or organization may apply for a grant if it has received a request for curriculum development from an LEA that is eligible under paragraph (g)(1)(i) of this section or that has received a waiver of ineligibility under paragraph (g)(1)(iii) of this section. (20 U.S.C. 3261)

(h) Fellowship Program. (1) An IHE that offers a program of study leading to a degree above the master's level in the field of training teachers for bilingual education is eligible to participate in this program.

(2) An individual is eligible to apply for a fellowship under this program if this individual

(i) (A) Is a citizen, a national, or a permanent resident of the United States;

(B) Is in the United States for other than a temporary purpose and can provide evidence from the Immigration and Naturalization Service of his or her intent to become a permanent resident; or

(C) Is a permanent resident of the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, or the Trust Territories of the Pacific Islands; and

(ii) Has been accepted for enrollment as a full-time student in a course of study offered by an IHE approved for participation in this program. The course of study must lead to a degree above the master's level in the field of training teachers for bilingual education.

[45 FR 23211, Apr. 4, 1980; 45 FR 35818, May 28, 1980]

§ 123.3 What regulations govern these programs?

(a) The following regulations apply to grants and fellowships awarded under the Act:

(1) The Education Division General Administrative Regulations (EDGAR) in 45 CFR Part 100a (Direct Grant Programs) and 45 CFR Part 100c (Definitions).

(2) The Education Appeal Board regulations in 45 CFR Part 100d.

(3) The regulations in these parts (45 CFR Parts 123 and 123a-123i).

(b) (1) However, the regulations in these parts do not apply to noncompeting continuation grants under the Basic Projects in Bilingual Education, Support Services Projects, Training Projects, and Materials Development Projects programs for fiscal year 1980.

(2) The interim final regulations for the Bilingual Education Program, published in the FEDERAL REGISTER on March 29, 1979 (44 FR 18906), apply to those grants for fiscal year 1980.

of

(c) The following provisions EDGAR do not apply to the types of awards described:

(1) The provisions in 45 CFR Part 100a do not apply to the Fellowship Program (Part 123h), except for the provisions in 45 CFR 100a.51 (relating to proof of nonprofit status).

(2) The provisions in 45 CFR 100a.250(a), 100a.253 (a) and (b), and 100a.254 (relating to the approval of multi-year projects) do not apply to grants made to LEAS as sole or joint applicants under any of the Bilingual Education Programs.

(3) The provisions in 45 CFR 100a.217(a)(3) and (c)-(e) (relating to the review of applications) do not apply to the State Educational Agency Projects for Coordinating Technical Assistance Program. In addition, the provisions of 45 CFR 100a.217(a) and (b) do not apply to the review of applications from SEAS submitted under 45 CFR 123c.30(c).

(4) Any provision in EDGAR that conflicts with any provision in these parts does not apply to awards under these parts.

"Institution of higher education" (IHE) means an educational institution, including a junior college or community college, in any State that meets the requirements of Section 1001(e) of the Elementary and Secondary Education Act of 1965, as amended.

(20 U.S.C. 3381(e))

"Limited English proficiency", with reference to an individual, means an individual

(1) (i) Who was not born in the United States or whose native language is other than English;

(ii) Who comes from a home in which a language other than English is most relied upon for communication; or

(iii) Who is an American Indian or Alaskan Native student and comes from an environment in which a language other than English has had a significant impact on his or her level of English language proficiency; and

(2) Who, as a result of the circumstances described in paragraph (1) of the definition of "Limited English Proficiency" of this section, has sufficient difficulty in understanding, speaking, reading, or writing the English language to deny him or her the opportunity to learn successfully in classrooms in which the language of instruction is English.

(20 U.S.C. 3223(a)(1))

"Local educational agency" (LEA)

means

(1) An LEA as defined in EDGAR; or (2) A nonprofit institution or organization of an Indian tribe that—

(i) Operates an elementary or secondary school in which Indian children constitute more than 50 percent of the enrollment; and

(ii) Is approved by the Commissioner for purposes of carrying out programs under the Act.

(20 U.S.C. 3232(a), 3381(f))

"Low income" means an annual family income that does not exceed the poverty level determined under Section 111(c)(2) of Title I of the Elementary and Secondary Education Act of 1965, as amended.

(20 U.S.C. 3223(a)(3))

"Native language” means the language normally used by an individual, or, in the case of a child, the language normally used by the parents of the child.

(20 U.S.C. 3223(a)(2))

"Program of bilingual education" means a program of instruction designed for children of limited English proficiency in elementary or secondary schools, with the following characteristics:

(1) There is instruction given in, and study of, English and (to the extent necessary to allow children to achieve competence in the English language) the native language of the children of limited English proficiency.

(2) The instruction is given with appreciation for the cultural heritage of the children of limited English proficiency and of other children in American society, with emphasis on those cultures represented in the LEA.

(1) Who are qualified under State and local law to teach the subjects and grades to which they are assigned;

(2) Who have successfully completed a course of study or the equivalent inservice training in the use of classroom materials and instructional practices for bilingual education;

(3) Who are able to converse with proficiency in English and in the native language of the students, both on general topics and in their assigned areas of instruction. This includes the ability to understand, speak, read, and write the language; it neither implies nor precludes an extensive vocabulary which might be necessary to converse with native speakers on complicated matters not related to the subjects which they are required to teach; and

(4) Who are able to communicate effectively with parents in their native language and in English about school matters.

(20 U.S.C. 3231(b)(3))