34 Education 2 1998-07-01 1998-07-01 false REMOVAL OF ARCHITECTURAL BARRIERS TO INDIVIDUALS WITH DISABILITIES PROGRAM 304 PART 304 Pt. 304 PART 304—REMOVAL OF ARCHITECTURAL BARRIERS TO INDIVIDUALS WITH DISABILITIES PROGRAM Subpart A—General Sec. 304.1 The Removal of Architectural Barriers to Individuals with Disabilities program. 304.2 Applicability of regulations in this part. 304.3 Regulations that apply to the Removal of Architectural Barriers to Individuals with Disabilities program. 304.4 Definitions. 304.5 Acronyms that are used. 304.6—304.9 [Reserved] Subpart B—How Does an SEA or the Secretary of the Interior Apply for a Grant? Application From an SEA 304.10 Submission of an SEA application. 304.11 Content of SEA application. 304.12—304.14 [Reserved] Application From the Secretary of the Interior 304.15 Submission of an application by the Secretary of the Interior. 304.16 Applicable regulations. 304.17—304.19 [Reserved] Subpart C—How Does the Secretary Make a Grant? 304.20 Amount of a grant. 304.21 Reallocation of excess funds. 304.22—304.29 [Reserved] Subpart D—How Does an LEA or IEU Apply to an SEA for a Subgrant? 304.30 Submission of an application to the SEA. 304.31 LEA and IEU applications. 304.32—304.39 [Reserved] Subpart E—How Does an SEA Make a Subgrant? 304.40 Amount of a subgrant to an LEA or IEU. 304.41 Reallocation of excess funds. 304.42—304.49 [Reserved] Subpart F—What Conditions Must Be Met by an SEA, LEA, or IEU? 304.50 Standards for the removal of architectural barriers. 304.51 Project priorities. 304.52 Project requirements. 304.53—304.59 [Reserved] Subpart G—What Are the Administrative Responsibilities of an SEA? 304.60 Amount available for SEA administration. 304.61 Administrative responsibilities and allowable costs. 304.62—304.69 [Reserved] Authority:

20 U.S.C. 1406, unless otherwise noted.

 Source:

50 FR 29330, July 18, 1985, unless otherwise noted.

Subpart A—General
§ 304.1 The Removal of Architectural Barriers to Individuals with Disabilities program.

The purpose of this part is to provide financial assistance to State educational agencies and, through them, to local educational agencies and intermediate educational units to remove architectural barriers to children with disabilities and other individuals with disabilities.

(Authority: 20 U.S.C. 1406) [56 FR 54689, Oct. 22, 1991]
§ 304.2 Applicability of regulations in this part.

This part applies to assistance under section 607 of the Individuals with Disabilities Education Act.

(Authority: 20 U.S.C. 1406) [56 FR 54689, Oct. 22, 1991]
§ 304.3 Regulations that apply to the Removal of Architectural Barriers to Individuals with Disabilities program.

The following regulations apply to assistance under the Removal of Architectural Barriers to Individuals with Disabilities program:

(a) The regulations in this part 304.

(b) The Education Department General Administrative Regulations (EDGAR) in the following parts of title 34 of the Code of Federal Regulations—

(1) Part 76 (State-administered Programs);

(2) Part 77 (Definitions that Apply to Department Regulations);

(3) Part 79 (Intergovernmental Review of Department of Education Programs and Activities);

(4) Part 80 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments);

(5) Part 81 (General Education Provisions Act—Enforcement);

(6) Part 82 (New Restrictions on Lobbying);

(7) Part 85 (Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for a Drug-Free Workplace (Grants)); and

(8) Part 86 (Drug-Free Schools and Campuses).

(Authority: 20 U.S.C. 1406; 20 U.S.C. 3474(a)) [56 FR 54689, Oct. 22, 1991]
§ 304.4 Definitions.

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

Application

EDGAR

Fiscal year

Grant

Local educational agency

Project

Public

Secretary

State

State educational agency

Subgrant

 (Authority: 20 U.S.C. 3474(a))

(b) Definitions in 34 CFR part 300. The following terms used in this part are defined in 34 CFR 300.5(a), 300.7, 300.13, and 300.14:

Children and disabilities

Intermediate educational unit

Related services

Special education

 (Authority: 20 U.S.C. 1401(a)(1), (16), (17), (22))

(c) Other definitions that apply to this part. In addition to the definitions referred to in paragraphs (a) and (b), the following definitions apply to this part:

(1) Alteration, as applied to a building or structure, means a change or rearrangement in the structural parts or elements, or in the means of egress, or in moving from one location or position to another. It does not include normal maintenance and repair, reroofing, interior decoration, or changes to mechanical and electrical systems.

(Authority: 20 U.S.C. 1406, 41 CFR 101-19.603)

(2) Equipment includes machinery, utilities, and built-in equipment and any necessary enclosures or structures to house them, and includes all other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including items such as instructional equipment and necessary furniture, printed, published, and audio-visual instructional materials, telecommunications, sensory, and other technological aids and devices, and books, periodicals, documents, and other related materials.

(Authority: 20 U.S.C. 1401(a)(5), 1406) [50 FR 29330, July 18, 1985, as amended at 56 FR 54689, Oct. 22, 1991]
§ 304.5 Acronyms that are used.

The following acronyms are used in this part:

IEU stands for intermediate educational unit.

LEA stands for local educational agency.

SEA stands for State educational agency.

(Authority: 20 U.S.C. 1406)
§§ 304.6—304.9 [Reserved]
Subpart B—How Does an SEA or the Secretary of the Interior Apply for a Grant? Application From an SEA
§ 304.10 Submission of an SEA application.

In order to receive funds under this part, an SEA must submit an application to the Secretary for review and approval.

(Authority: 20 U.S.C. 1406)
§ 304.11 Content of SEA application.

(a) Each SEA shall include in its application assurances that—

(1) Funds received under this part will be used to pay the costs of altering existing buildings and equipment in accordance with the standards in § 304.50;

(2) In using funds appropriated under Pub. L. 98-8, special consideration will be given to projects in areas experiencing high rates of unemployment; and

(Authority: Pub. L. 98-8, “Education for the Handicapped”, 97 Stat. 27 (1983); S. Rep. No. 17, 98th Cong., 1st Sess. 33-34 (1983))

(3) Funds provided under this part that are appropriated under Pub. L. 98-8 will, to the extent practicable, be utilized in manner which maximizes immediate creation of new employment opportunities to individuals who were unemployed at least 15 of the 26 weeks immediately preceding March 24, 1983 (the date of enactment of Pub. L. 98-8).

(Authority: Pub. L. 98-8, section 101(c); 97 Stat. 31-32 (1983))

(b) Each SEA application must also include the following information:

(1) A description of the goals and objectives to be supported by the grant in sufficient detail for the Secretary to determine what will be achieved with the grant.

(2) The estimated number of LEAs and IEUs that will receive subgrants, and a description of the procedures and criteria the SEA will use to award subgrants to LEAs and IEUs, including any priorities established by the SEA under § 304.51(b) (see § 304.40 and subpart F, “What Conditions Must Be Met by an SEA, LEA, or IEU?”).

(Approved by the Office of Management and Budget under control number 1820-0534) (Authority: 20 U.S.C. 1406) [50 FR 29330, July 18, 1985, as amended at 53 FR 6945, Mar. 3, 1988]
§§ 304.12—304.14 [Reserved]
Application From the Secretary of the Interior
§ 304.15 Submission of an application by the Secretary of the Interior.

In order to receive a grant under this part, the Secretary of the Interior shall submit an application that is consistent with the requirements under § 304.11.

(Authority: 20 U.S.C. 1406) [53 FR 6945, Mar. 3, 1988]
§ 304.16 Applicable regulations.

The Secretary of the Interior shall comply with all the requirements that apply to SEAs under subparts A, C, F, and G of this part.

(Authority: 20 U.S.C. 1406) [53 FR 6945, Mar. 3, 1988]
§§ 304.17—304.19 [Reserved]
Subpart C—How Does the Secretary Make a Grant?
§ 304.20 Amount of a grant.

(a) For the purpose of this section—

(1) The term Insular Area means American Samoa, Guam, the Virgin Islands, the Northern Mariana Islands, or the Trust Territory of the Pacific Islands; and

(2) The term children with disabilities means the number of children with disabilities determined by the Secretary—

(i) Under section 611 of the Act, to be receiving special education and related services; or

(ii) In average daily attendance at schools for children with disabilities or supported by a State agency within the meaning of section 1221 of chapter 1 of title I of the Elementary and Secondary Education Act of 1965.

(b) The amount of an SEA's grant under this part for a State other than an Insular Area is determined by—

(1) Dividing the number of children with disabilities in that State by the total number of children with disabilities in all States submitting approvable applications under this part; and

(2) Multiplying that fraction by the amount of funds available for grants under this part minus the amount reserved under paragraphs (c) and (d) of this section.

(c) The Secretary reserves up to one-half of one percent of the aggregate of the amounts available under this part for grants to Insular Areas. Funds reserved by the Secretary for the Insular Areas are allocated proportionately among them on the basis of the number of children ages three through twenty-one in each Insular Area. However, no Insular Area may receive less than $15,000, and allocations within these jurisdictions are ratably reduced, if necessary, to ensure that each Insular Area receives at least that amount. Allocations within these jurisdictions are further ratably reduced if the amount reserved is insufficient to provide $15,000 to each Insular Area.

(d) From any appropriation enacted after September 30, 1986, the Secretary reserves up to 1.25 percent of the aggregate amount available under this part for a grant to the Secretary of the Interior to be used on reservations served by schools operated for Indian children by the Department of the Interior.

(Authority: 20 U.S.C. 1406) [50 FR 29330, July 18, 1985, as amended at 53 FR 6945, Mar. 3, 1988; 56 FR 54689, Oct. 22, 1991]
§ 304.21 Reallocation of excess funds.

The Secretary may reallocate funds—or portions of those funds—made available to the Secretary of the Interior or to a State educational agency under this part if the Secretary determines that the Secretary of the Interior or the State educational agency cannot use the funds in a manner consistent with the requirements of applicable statutes and the regulations in this part. Any reallocation is made on the same basis as grants are determined under § 304.20.

(Authority: 20 U.S.C. 1406) [53 FR 6945, Mar. 3, 1988]
§§ 304.22—304.29 [Reserved]
Subpart D—How Does an LEA or IEU Apply to an SEA for a Subgrant?
§ 304.30 Submission of an application to the SEA.

In order to receive funds under this part for any fiscal year, an LEA or IEU shall submit an application for a subgrant to the appropriate SEA.

(Authority: 20 U.S.C. 1406, 3474(a))
§ 304.31 LEA and IEU applications.

An LEA or IEU shall include in its application any information that is required by the SEA in order to fulfill its responsibilities under this part.

(Authority: 20 U.S.C. 1406, 3474(a))
§§ 304.32—304.39 [Reserved]
Subpart E—How Does an SEA Make a Subgrant?
§ 304.40 Amount of a subgrant to an LEA or IEU.

(a) The SEA shall determine the amount of a subgrant to an LEA or IEU based on—

(1) The size, scope, and quality of the proposed project; and

(2) Any other relevant criteria developed by the SEA and included in the SEA application approved by the Secretary.

(b) The SEA may establish minimum and maximum amounts for subgrants.

(Authority: 20 U.S.C.1406)
§ 304.41 Reallocation of excess funds.

(a) The SEA may reallocate funds provided for subgrants under this part if an LEA or IEU cannot use the funds in a manner consistent with the requirements of section 607 of the Individuals with Disabilities Education Act and the requirements in this part.

(b) The SEA shall reallocate funds in accordance with the criteria and priorities for approving subgrants in its approved application.

(Authority: 20 U.S.C. 1406) [50 FR 29330, July 18, 1985, as amended at 56 FR 54689, Oct. 22, 1991]
§§ 304.42—304.49 [Reserved]
Subpart F—What Conditions Must Be Met by an SEA, LEA, or IEU?
§ 304.50 Standards for the removal of architectural barriers.

The alteration of existing buildings and equipment under this part must be done consistently with standards adopted by the General Services Administration (GSA) under Pub. L. 90-480, the Architectural Barriers Act of 1968. However, the dimensions set out in those standards may be modified as appropriate considering the age groups of the individuals who will use the buildings or equipment.

Note:

On August 7, 1984, the GSA adopted new standards under the Architectural Barriers Act (49 FR 31528) and incorporated them by reference at 41 CFR 101-19.603 (49 FR 31625).

 (Authority: 20 U.S.C. 1406)
§ 304.51 Project priorities.

(a) An SEA may establish priorities for the use of funds made available under this part. The SEA may, for example, give special consideration to projects that will meet the special needs of urban or rural locations, or that will facilitate the transition of children with disabilities and individuals with disabilities from school to work.

(b) The Secretary encourages States to use their funds for activities that will—

(1) Make available to children with disabilities the variety of educational programs and services available to nondisabled children in the area served by the LEA or IEU;

(2) Provide nonacademic and extracurricular services and activities in a manner that affords children with disabilities opportunity for participation in these services and activities; and

(3) Provide assessibility to individuals with disabilities involved in the education of children with disabilities or eligible to participate in programs administered by LEAs and IEUs.

(Authority: 20 U.S.C. 1406) [50 FR 29330, July 18, 1985, as amended at 56 FR 54689, Oct. 22, 1991]
§ 304.52 Project requirements.

To the extent practicable, funds made available under this part that are appropriated under Pub. L. 98-8 must be utilized to create new employment opportunities for the unemployed, as required by Pub. L. 98-8, section 101(c).

(Authority: Pub. L. 98-8, sec. 101(c); 97 Stat. 31-32 (1983))
§§ 304.53—304.59 [Reserved]
Subpart G—What Are the Administrative Responsibilities of an SEA?
§ 304.60 Amount available for SEA administration.

An SEA may use up to five percent of its grant for the cost of administering funds provided under this part.

(Authority: 20 U.S.C. 1406)
§ 304.61 Administrative responsibilities and allowable costs.

Administrative costs under this part include—

(a) Planning of programs and projects assisted by funds under this part;

(b) Approval, supervision, monitoring, and evaluation by an SEA of the effectiveness of projects assisted by funds made available under this part; and

(c) Technical assistance that an SEA provides to LEAs and IEUs with respect to the requirements of this part.

(Authority: 20 U.S.C. 1406)
§§ 304.62—304.69 [Reserved]