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Title 45 Public Welfare

HEARINGS

1. Program purpose. The purpose of CHAPTER 1--OFFICE OF EDUCATION, DE Pharr, Teras, San Juan Alamo High School

section 122 of the Elementary and SecPARTMENT OF HEALTH, EDUCATION, Auditorium, 1229 South I Road;

ondary Education Act, and of this AND WELFARE

Tifton, Georgia, Rural Development Cen- Interim regulation, which implements

ter Auditorium, US Highway 41 North; section 122, is to enable the grantees PART 1160-GRANTS TO STATE EDUCA. Geneseo, New York, Holcomb Learning (State educational agencies) to estabTIONAL AGENCIES TO MEET THE SPE- Center, Campus of State University College;

lish or improve programs designed to CIAL EDUCATIONAL NEEDS OF MIGRA- Lansing, Michigan, Eastern High School

meet the special educational needs of TORY CHILDREN

Auditorium, 220 North Pennsylvania Street;
San Jose, California, Santa Clara County

migratory children of migratory agri-
Interim Final Regulations
Schools Office, Room G, 100 Skyport Drive;

cultural workers or of migratory fisherAGENCY: Office of Education, HEW.

men, and enable the grantees to coordiFOR FURTHER INFORMATION CON

nate these programs and projects with ACTION: Interim final regulations. TACT:

similar programs and projects in other SUMMARY: This document is an in- Dallas, Texas: Mr. Jerry Brader, 214/ States, including the transmittal of terim final regulation expanding the

655-3671; Atlanta, Georgia: Dr. John pertinent information with respect to regulations which implement section 122 Robinson, 401/881-3076; New York, school records of the children. An eligible of Title I of the Elementary and Second- New York: Barbara Brandon, 212/264 State educational agency may conduct sry Education Act of 1965. Section 122

4370; Chicago, Illinois: Dr. Morris Os- Its State program either directly or provides for grants to State educational burn, 312/353-2259; San Francisco, through a local educational agency or

agencies. agencies to meet the special educational California: Ms. Janice Williams, 415/ needs of migratory children. In addition 556-3929; and Washington, D.C.: Mr. 2. Section 503 procedures and effect. to generally amending and expanding the

Vidal A. Rivera, Jr., 202/245-2427.

Section 503 of the Education Amendpresent regulations, these interim final

ments of 1972 requires the Commissioner SUPPLEMENTARY INFORMATION: regulations reflect and implement rele- In accordance with section 503 of the

to study all rules, regulations, guidelines. vant amendments made to Title I by the Education Amendments of 1972 (Pub. L.

or other published interpretations or Education Amendments of 1974. Publi

orders issued by him or by the Secretary 92-318) and under the authority of Title after June 30, 1965, in connection with, cation is required by section 431 of the

I, section 122 of the Elementary and General Education Provisions Act. These

or affecting, the administration of OfSecondary Education Act of 1965 (20 Interim final regulations also reflect the

fice of Education programs; to report to U.S.C. 2410-2) as enacted by Pub. L. 93– study required by section 503 of the Edu- 380, a notice of proposed rulemaking was Welfare of the Senate and the Commit

the Committee on Labor and Public cation Amendments of 1972 (see para- published in the FEDERAL REGISTER on tee on Education and Labor of the House graph 2 under Supplementary Informa- July 8, 1975, (40 FR 28622) setting forth of Representatives concerning this study: tion).

in proposed 45 CFR Part 116d the re- and to publish in the FEDERAL REGISTER EFFECTIVE DATES: Pursuant to sec- quirements for participation by State

such rules, regulations, guidelines, interthon 431 (d) of the General Education educational agencies in programs for fi pretations, and orders with an opporProvisions Act, as amended (20 UB.C. nancial assistance provided by Title I of tunity for public hearing on the matters 1232(a)) these interim regulations have the Elementary and Secondary Educa

80 published. The interim regulations been transmitted to the Congress contion Act, section 122. Section 122 18

below reflect the results of this study as currently with the publication of this

administered at the Federal level by the it pertains to the program under Title I, document in the FEDERAL REGISTER. That

Omce of Education which issues regula- section 122 of the Elementary and Secsection provides that regulations subject tions governing grants made by the

ondary Education Act. All preceding thereto shall become effective on the Commissioner of Education under that

rules, regulations, guidelines, and other forty-fifth day following the date of program.

published interpretations and orders transmission subject to the provisions

At present there are no guidelines re

issued in connection with or affecting therein concerning Congressional action

lated to Part 116d. Should guidelines be Part 116 will be superseded when this and adjournment. issued in the future, they will be pub

interim regulation becomes effective. lished in the FEDERAL REGISTER and will DATES: (See Item 7 under Supplemen

3. Amendments made by Pub. L. 93be limited to material in the nature of tary Information.) Comments must be

380. The tnterim regulation set forth suggestions or recommended courses of received on or before August 29, 1977.

below reflects and implements amendaction for meeting certain mandatory

ments made to Title I of the Elementary HEARINGS requirements set forth in these interim

and Secondary Education Act by Pub. L. Phart, Teras, August 16, 1977. 9:00 a.m. to regulations.

93-380, the Education Amendments of 12 Noon, 2:00 pm to 6:00 p.m., and 7:00 p.m.

The interim final regulations set forth

1974. In particular, the interim regulato 10:00 p.m. below provide definitions of migratory

tion makes conforming changes in or Tifton, Georgia, August 18, 1977. 9:00 A.m. agricultural workers, migratory fisher

additions to the current regulation, relatto 12 Noon, 2:00 p.m. to 6:00 p.m., and 7:00 men, of agricultural activities and fish

ing to eligibility of migratory children p.m. to 10:00 p.m.

ing activities and of formerly and Geneseo, New York, August 22, 1977. 9:00

of migratory fishermen, the General currently migratory children. The am to 12 Noon, 2:00 p.m. to 6:00 p.m., and

Education Provisions Act requirements 7:00 p.m. to 10:00 p.m. regulations also set forth the managerial

for a general application and an annual

of State educational Lansing, Michigan, August 24, 1977. 9:00 responsibilities

program plan, the counting of formerly s.m. to 12 Noon, 2:00 pm to 5:00 p.m., and agencies, the bases for determining the

migratory children for funding purposes. 7:00 p.m. to 10:00 p.m. amount to be made available for grants,

and the use of migrant student record San Jose, California, August 26, 1977. 9:00 the requirements for the submission of

transfer system. a.m. to 12 Noon, 2:00 pm to 6:00 pm., and applications by State educational agen

4. Effect of Part 116. A new Part 116, 7:00p.m. to 10:00 pm cles, and the criteria for the Commis

published as a final regulation in the ADDRESSES: Written suggestions, ob- sioner's approval of those applications.

FEDERAL REGISTER at 41 FR 42893 (SepJections, or other statements should be These interim regulations will become

tember 28, 1976), sets forth general resent to the U.S. Office of Education, final in the same manner and have the

quirements applicable to all programs Room 4012, 400 Maryland Avenue, SW same legal effect as any other final regu

funded under Title I of the Act, includWashington, D.C. 20202. Attention: lations. (See paragraph above captioned

ing grants for programs for migratory Chairman, Office of Education Task "Effective date.") However, after the

children. The significant provisions in public has been given additional opporForce on Section 503. (Comments and

the new Part 116 which apply to protunity to comment on these interim suggestions submitted in writing win be regulations, the Commissioner plans to

grams under Part 116d are required

submissions by states to the Commisavailable for review at the above address publish final regulations which will sioner and criteria for approval of subbetween the hours of 8:30 a.m. and 4:00 reflect whatever changes are considered

missions (9 116.3), State administration p.m. Monday through Friday of each necessary as a result of comments which and technical assistance ($ 116.4), reWeek). have been received.

view and complaint procedures ($ 116.6),

FEDERAL REGISTER, VOL. 42, NO. 134-WEDNESDAY, JULY 13, 1977

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reports by State educational agencies population to be served, with opportuni- (1) Several commenters requested in(8 116.7), the prohibition against con- ties to submit comments for the Omce to terpretations of that part of the definisideration of Title I funds in determin- consider for possible revisions of theso tion of "formerly migratory child" coning State aid ($ 116.18), withholding of interim regulations.

cerning his residing “... in an area funds by the Commissioner for noncon- 8. Public comtrent and changes in the served by an agency carrying out & proformity ($116.20), planning grants interim regulation. A number of com- gram or project under this part." The ($116.30), use of program funds for ments submitted to the Office of Educa- quoted phrase is taken from the statute. construction and equipment ($ 116.32), tion in response to the otice of proposed Language interpreting this phrase has reimbursement for expenses incurred by rulemaking resulted in changes to the been added to the definition. parent council members and volunteers interim regulation. These changes are (g) Section 116d.6. Participation of ($ 116.33), education aides (9 116.34), discussed below.

operating agencies. One commenter sugstaffing for programs and projects (a) The definition of "agricultural ac- gested that in view of uncertainties as to ($116.35), preservice and Inservice train- tivity" has been modified so as not to be the migratory children who will actually ing (f 116.36), the prohibition against limited to activities carried out on farms be present in the State when & program supplanting (8 116.40), the relation of and ranches.

is implemented for them, the State apTitle I projects to other programs (8 116.- (b) Several commenters noted incon- plication present data by "grade group" 41), administrative control of Title I sistencies between the definitions of "mi- rather than by grade level. This suggesproperty ($ 116.42), measurenent of ed- gratory agricultural worker," "currently tion was adopted, and the interim reguucational achievement and evaluation of migratory child," and "migratory fisher- lation modified accordingly. programs (8 116.43), dissemination and man" with respect to their obtaining em- (h) Section 1160.31, now headed Use utilization of results educational re- ployment in States comprising a single of funds and information in State applisearch and demonstration ($116.44), school district. The definitions have been cation. A commenter recommended that public information (8 116.45), and re- revised to refer to moving from one the section be revised to make it clear ports by applicant agencies ($116.46). school administrative area to another in that the needs assessment should cover

5. Effect of Office of Education Gen- those cases where the State comprises & all eligible children expected to reside in eral Provisions Regulations. Assistance single school district.

the State during the fiscal year in which provided under this part is also subject (c) One commenter recommended the program described by the application to applicable provisions contained in the elimination of the definitional require- is to be conducted. This suggestion was overall Office of Education General Pro- ment that a "currently migratory child" adopted. In addition, the interim reguvisions Regulations, published in the be one who has moved with a parent or lation deletes language in the proposed FEDERAL REGISTER at 38 FR 30654 (No- guardian who is a migratory agricultural rule which appeared to require that a vember 6, 1973), and now set forth in 45 worker or a migratory fisherman. An ap- State educational agency provide servCFR Parts 100-100c, in connection with propriate change was made in the defi- ices to preschool children. Also with rethe same study under section 503 of the nition. It is not necessary that a cur- spect to $ 1160.31, one commenter stated Education Amendments of 1972 of which rently migratory child migrate with his that the required description of inservice this publication is a part. 45 CFR Parts parent or guardian: Provided, That: The training should be based on the experi106-100c relate to fiscal, administrative child himself is migratory as defined; ence of the preceding year, but that the and property management, monitoring and that the parent or guardian is migra- applicant be permitted to provide inseryand reporting of program performance, tory as defined.

ice training according to "current accountability for Federal funds, and (d) The definition of "fishing activity" need," as assessed after the hiring of other matters. It should be noted that has been modified to specifically include personnel. Language has been inserted the program for migratory children un- individuals who are engaged in catch- to indicate that the description should der this part is considered to be a State ing or processing fish for personal be an estimate of needs for inservice administered program which may involve subsistence.

training for the fiscal year in which the financial assistance to local educational (e) Several commenters recommended project is to be conducted, and that these agencies as subgrantees; therefore, un- that the term "guardian" as used in the

estimates should be based on all relevant less otherwise specified, the provisions of definition of "currently migratory child" information, including but not limited to Part 100b of 45 CFR, rather than Part be interpreted to include "crew leaders"

the prior year's experience. The State 100a, apply.

who assume responsibility for children educational agency may then provide for 6. Citations of legal authority. As re- for the purpose of transporting thein to inservice training according to current quired by section 431(a) of the General agricultural work sites or processing need, subject to the requirements for Education Provisions Act (20 U.S.C. 1232 plants, arranging for their employment amendment of applications in $1160.8. (a)), and section 503 of the Education at those sites and supervising them while (1) Section 1160.10. Allocation of Amendments of 1972, a citation of stat- they are there. The interim regulation funds to administrative and program utory or other legal authority for each adds a definition of "guardian" which is functions. Several formal and informal section of the regulations has been placed not considered to cover these "crew lead- comnients on the notice of proposed in parentheses on the line following the ers." "Crew leaders" having custody of rulemaking were directed to $ 1160.33 of text of the section.

children for the primary purpose of su- the notice of proposed rulemaking, now On occasion, a citation appears at the pervising their employment are not con- $ 116d.10. In general, that section was end of a subdivision of the section. In sidered persons standing in the place of not considered to be sufficiently explicit that case the citation applies to all that a parent. Furthermore, to include in- for the purposes of distinguishing beappears in that section between the cita- dividuals other than those included in tween services to be charged to a State's tion and the next preceding citation. the definition of "guardian" could re- Title I administrative funds and those When the citation appears only at the sult in counting and serving children to be charged to funds provided under end of the section, it applies to the entire not considered to be within the class the State educational agency's applicasection

of children which Congress intended tion for a grant for programs for migra7. Opportunity for public comment, to be covered for example, children of tory children. The section was revised to Nearly all of the comments on the Notice non-farm families who join "crew provide clearer guidance on this matter, of Proposed Rulemaking were received at leaders" for summer agricultural em- although the basic criteria for determina briefing meeting for State administra- ployment could be counted. However, ing what activities are to be charged to tors of Title I programs for migratory the fact that a child is accompanied

administrative funds and what are to be children. No comments were received at the public hearing on August 27, 1975, by a crew leader and not by & par

charged to program funds have been reand written comments were received ent or guardian will not disqualify

tained. Funds are provided under section

143(b) of Title I for & State educational from school officials and interested perhim if it is shown that the child's parent,

agency's use in administering all prosons in only six States. The Office of Ed- or guardian, as defined, is & migratory grams under that Title, including proucation, therefore, wishes to provide in- agricultural worker or migratory fisher- grams for migratory children. For States terested persons, particularly from the man. See discussion in paragraph (c). other than the outlying areas, this

FEDERAL REGISTER, VOL. 42, NO. 134-WEDNESDAY, JULY 13, 1977

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amount is not to be less than $150,000, or, ing an international boundary as mov- recting a State educational agency to If higher, one percent of the amount allo- ing from one school district to another identify to the Commissioner the local cated for the fiscal year for grants to as that term is used in the definitions. educational agencies which will operate agencies in that State. Section 143(b) Citizenship is not an eligibility require the State program as subgrantees. This does not specify what portion of this ment.

suggestion was rejected because it is con"set-aside" for State administration is (b) Two commenters recommended sidered important that the Commisto be used for each of the various Title that the definition of "currently migra- sioner know, at the time the State appliI programs. Since the State educational

tory child," , "migratory agricultural cation is reviewed, what agencies will agencies both administer and carry out worker," and "migratory fisherman," be carry out the State program. If the inthe program for migratory children, It revised to provide that moving from one formation is not known at the time of 1s necessary that for this program & attendance area to another should qual- the State application, the State educastandard be established for State educa- ify a child or worker as migrant. In this tional agency may later identify the optional agency use of the limited amount connection, it was pointed out that chil- erating agencies in an amendment to the of administrative funds. Section 1160.10 dren may move from palce to place State application as provided in $ 116d.8. is based on the principle that only the within very large school districts. This (g) A commenter questioned why, unsame type of State administrative sery- suggestion was not adopted because the der $ 1160.6, State educational agencies ices which the State educational agency pertinent legislative history indicates are required to submit more information performs in connection with other Title that Congress generally intended the than they are required to submit with I programs should be paid from State program to serve children migrating respect to Title I program for grants to administrative funds. These administra- from school district to school district. local educational agencies. The comtive services are generally limited to the Senate Rept. No. 93-1026, 93rd Cong. 2d menter also questioned whether this repreparation of applications and reports Sess. 142-143. The definitions do cover quirement (which will require some required to be submitted by the State ed- children crossing school administrative States and local educational agencies to ucational agency to the Commissioner, areas in States comprising a single school change their accounting system) is inthe approval and supervision of sub- district. This is because the enabling leg- consistent with 45 CFR 100b.274. The grantee activities, and technical assist- islation directs the Commissioner to de- Office of Education has made no change ance to subgrantees. Functions similar to

termine grants for all States where mi- in the interim regulation. More informathose performed by local educational gratory children reside and to make tion is required of a State educational agencies under Part 116a, or by State grants to the State educational agencies agency with respect to the migrant proagencies under Parts 116b and 116c, must of any such States which meet the eligi- gram because the State educational be charged to program funds notwith- bility requirements stated in $ 1160.39 of agency operates the migrant program standing that they may be administra- this interim regulation; this would in- rather than merely administering it as tive in nature, or that they are per- clude States comprising a single school it does the Title i program for grants formed by both the local educational district.

to local educational agencies. The inagencies and the State educational agen- (c) A commenter questioned whether terim regulation is consistent with 45 cy in the other Title I programs referred a child or worker who during the year CFR 100b.274, which provides that "subs to above.

resides in two or more school districts, ject to the provisions and limitations" A commentor stated that the imple- but works in only one district, could be of applicable Federal statutes and limimentation of an evaluation and the considered migratory. Also, with respect tations, Stato rules shall apply. preparation of the evaluation report to employment, commenters asked (h) A commenter recommended that were inseparable activities pertaining to whether individuals seeking to be self- the words "imprudent, wasteful, extravinstruction and should be charged to pro- employed as agricultural workers or agant or otherwise" be deleted from gram funds rather than administrative fishermen are within the definition of $ 116d. 11(a) (1 1160.34(a) of the profunds. The interim regulation has been "currently migratory child." "migratory posed rule), dealing with State educamodified to provide that implementation agricultural worker," and "migratory tional agency management of operating of an evaluation and compilation of notes fisherman." The Office of Education con- agencies. No change was made in the inand preliminary reports for internal siders a person to be migratory if that terim regulation because the emphasis State educational agency use may be person moved from one school district and specificity supplied by the words is charged to programs funds, but that the to another in order to secure agricul-, considered important. design and preparation of the final State tural or fishing employment, regardless (1) A commenter suggested that the evalution report must be charged to ad- of whether employment is actually se- last sentence of $ 1160.21 be revised, to ministrative funds.

cured. Individuals seeking to be self-em- restrict the Commissioner to the use of 9. Response to other comments. A ployed are considered as seeking employ- the migrant student record transfer sysDumber of comments were considered ment.

tem in determining amounts available which did not result in changes to the (d) Several commenters questioned for grants under this section. Another interim regulation. The Office of Educa- whether the definition of "migratory commenter recommended that there be tion believes that several of these

fishermen" applies to those fishermen some restriction in this section on the changes suggested by these commenters who move from a school district to inter- amount reallocated to a State, pointing are beyond its authority under the Act, national waters and return to the same out that under the Title I program for or relate to matters already covered by school district. The Office of Education grants to local educational agencies no the interim regulation. Some of the com- interprets the law as not covering these grantee may receive more than a prements requested interpretations of pro- fishermen. The legislative history of Pub. scribed formula amount. The Office of visions in the notice of proposed rule- L. 93-380 indicates that only those fish- Education interprets the enabling statmaking. The major comments which did

ermen migrating from one school dis- ute to authorize the use of the migrant not result in changes are summarized and trict into a different school district were student record transfer system and andiscussed in greater detail below, with to be considered migratory fishermen. other system concurrently, if it would interpretations where appropriate. Sen. Rep. 93-1026, 93rd Cong. 2nd Sess. produce the most complete and accurate (a) Several commenters questioned 142-143.

information. (It is expected however, whether persons crossing an interna- (e) Several commenters recommended that, except in unusual circumstances tional boundary could be considered as deletion of the requirements in $$ 116d.2 involving a particular State or outlying having moved from one school district to and 1160.35 that a child cannot be con- area, the migrant student record transanother within the definitions of "cur- sidered to be a formerly migratory child fer system will be the sole source of data rently migratory child" and “migra- without the concurrence of his parents. for determining the amounts available in tory agricultural worker.” A related ques. No change has been made in the interim accordance with the statutory formula). tion was whether children must be regulation, because the requirement for With respect to the second comment, unUnited States citizens in order to be parental concurrence is statutory. like the Title I statute governing local counted or served as migratory children. (1) One commenter recommended de- educational agency programs, the statute The Office of Education interprets cross- letion of the requirement in $ 1160.5 di- governing the migrant program contains

FEDERAL REGISTER, VOL. 42, NO. 134--WEDNESDAY, JULY 13, 1977

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are

a special reallocation provision authoriz- interprets the enabling statute to au- the State program described in that aping the formula amount of any Stato thorize projects developed solely for ml- plication show's promise of meeting the to be reduced or raised under specified gratory children subject to the conditions needs of the children to be served, parconditions.

set forth in $ 1160.35. Since preschool ticularly with respect to thetr basic (1) Excess funds. A commenter re- 'children do not generate funds, programs skills. The recommendation was that the quested clarification as to when, and on for formerly migratory children who are phrase "basic skills' be amplified by addwhat criteria, will the existence of excess of school age are considered to take pri

ing the parenthetical phrase "(readiness, funds in a state be determined under ority over programs established for any developmental and remedial)." This sug$ 1160.22. In addition one commenter preschool children, whether currently or gestion was rejected because the Office recommended that $ 116d. 22(b) be re- formerly migratory.

of Education lacks the authority to revised to make it clear that the Commis

(m) Parental involvement. A com- quire all of these concepts to be implesloner could not reallocate funds which menter criticized $1160.37, concerning mented in every State program. The apthe State educational agency had already parental involvement as being "weak" plicant may, of course, apply them as allocated to local educational agencies or and permitting the applicant to avoid need warrants. previously encumbered for other pro- providing for meaningful parent partici- 10. Other changes in Part 116d. (&) A gram purposes. The existence of excess pation Another commenter recom- number of typographical and technical funds within the meaning of $ 1160.22 mended that $ 116.40 of the notice of pro- corrections and clarification have been may be determined when the State edu- posed rulemaking published March 11,

made and certain sections have been recational agency's 'application is submit

1975 for 45 CFR Part 116, containing gen- organized or renumbered. ted or at any time during the fiscal year eral requirements for Title I programs, be (b) A new definition of "day care for which the funds were appropriated revised to allow compensation for loss of

services" has been added to the definition to be used. It is anticipated that infor- wages for parent council members who

section. mation received subsequent to the appli- attend statewide council meetings. An- (c) Section 1160.3(a) (4) requires & cation would, in most cases, be contained

other commenter was of the opinion State educational agency applying.to the in a report required to be submitted by that per diem payments for parent coun- Commissioner for a grant to request spethe State educational agency to the cil members "above and beyond allow

cifically the approval to use funds "carCommissioner (on case-by-case-basis) able expenses" should not be allowed. No

ried over" from the previous fiscal year. as authorized by 20 U S.C. 1232c (b) (1) change has been made in either Part 116

(d) The provisions of $ 1160.3, para(A) (III) and 45 CFR Part 116, $ 116.3(a). or 116d with respect to these matters. A

graphs (c) and (d) of the proposed rue, The Commissioner, however, is author

stricter Federal requirement for parental and $116d.4 of the proposed rule have ized to obtain information from reliable participation would be impracticable to

been deleted because they are covered by outside sources. Determination of excess implement in some States since the Title

45 CFR Part 116, $ 116.3. funds will be determined on a case-byI migrant program is a State, not a local

(e) Section 116d.6 adds language recase-basis, according to the need of the program, and that the majority of the

quiring the State educational agency to recipient. The Commissioner would not parents migratory. In recognition submit to the Commissioner substantivo reallocate funds which had been actually

of this fact, the enabling statute does not amendments to project applications obligated at the State or local level. The require parental involvement in the mi

from operating agencies, and establishreallocation provisions in $1164.22 are grant program as it does for the Title I.

ing a time limit for the Commissioner's written assuming that the State educa- program for grants to local educational

review of these project applications and tional agency and its operating agencies agencies. A

State educational agency

amendments. will not intentionally reserve funds for may, of course, have any program for

(1) Section 1160.8 adds language resubgrantees in excess of their actual

parental involvement which is consistent garding application for use of "carryneed. However, language has been added with Federal law and regulations.

over" funds and adds a provision requirto $ 116d.6 to make it clear that no oper

The general standards for allowable

ing amendments to State applications to ating agency may obligate program funds

costs as set forth in Appendix B, which be signed by the Chief Executive Officer prlor to the effective date of the approved

applies to the Title I migrant program of the State educational agency or his State application or the date its applithrough Part 100b of this chapter (See

designee. cation is submitted to the State educa45 CFR 100b.81) are that the costs "be

(g) A new $ 1160.12 headed Child eli. tional agency in substantially approvable

necessary and reasonable" to the proper gibility and evidence of child eligibility, form, whichever is later.

administration of the grant program. It has been added to Subpart c. This sec(b) Interstate coordination. A comis recognized that, in some cases, it may

tion requires a State educational agency menter recommended that $$ 1160.31(b) be necessary for the State educational

or its operating agency to obtain docu(7) (1160.31(h) of the proposed rule) agency to establish & uniform allowance

mentary evidence of a child's status as & and $1160.39(a), both containing re

for parent advisory council members in quirements concerning interstate order to secure the necessary parent tural worker or migratory fisherman as

migratory child of a migratory agriculordination, be deleted. This suggestion participation. This matter ulitmately

& condition of counting him for funding was rejected because these requirements would have to be judged on a case-by

purposes or serving him under this proare considered essential to the implecase basis.

gram mentation of the statutory requirement

(n) Supporting services. One com

(h) The second sentence of the introthat States coordinate their programs menter recommended that paragraph

duction to $ 116d.31 of the proposed rule, and projects with similar programs and (a) of $116.38 be revised to provide

giving examples of some special educaprojects in other states, including the that health, welfare, and other support

tional needs of migratory children, has transmittal of pertinent information ing services may be coordinated under with respect to the school records of chilthis part for eligible children who are

been deleted, because it is not appro

priate for a regulation. dren not participating in an instructional

(1) Section 1160.31 has been revised to () Pormerly migratory children. With program. This suggestion was rejected

require the State educational agency to reference to $ 1160.35 titled "Inclusion of because the enabling statute establishes

describe the basis for its estimates of the formerly migratory children," a com

the migrant program as an "educationmenter suggested revision to preclude al" program, which the Office of Educa

number of migrant children expected to projects developed solely for formerly tion interprets to mean a program for

be residing in the State and to be served

there. migratory chudren. Another commenter instruction. For this reason, support

(3) A new $ 1160.31a has been added, recommended a provision that no monies services are authorized only to the exbe made avalable for programs serving tent that they enable eligible children to

which defines what type of preschool formerly migratory chudren unless participate in an instructional program. program may be funded under this part Dooded services are provided for both (0) Program description. A com- This definition is intended to emphasize chod no and preschool currently mi- menter recommended revision of $ 116d.- the distinction between a preschool eduprostory children. No change was made in 39(b), providing that the Commissioner cational program and day care services athus propieton The Omce of Education may approve & State application only if eligible for funding under $ 1160.38.

FEDERAL REGISTER, VOL. 42, NO. 134-WEDNESDAY, JULY 13, 1977

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