(a) The State board is subject to the prohibition against supplanting in Sec. 403.196.
(b) The State board shall monitor each eligible recipient's compliance with the supplanting requirements in Sec. 403.196. (Authority: 20 U.S.C. 2468e(a)(1))
Sec. Appendix A to Part 403--Examples for 34 CFR 403.111(a) and
403.111(c)(3)
Illustration of providing full participation under 34 CFR 403.111(a). An educationally disadvantaged student is enrolled in a course that is part of a vocational education program and is having trouble understanding a math concept (e.g., negative numbers) necessary to succeed in the course. To ensure the student's full participation in the course, a local educational agency may use funds awarded under Sec. 403.112 as needed to provide tutoring in negative numbers to enable the student to understand the concept well enough to complete the vocational education course.
Illustrations of providing equitable participation under 34 CFR 403.111(c)(3).
Example 1: An area vocational education school conducts an informal meeting to provide the information required in Sec. 403.193(a) regarding the area vocational education school's vocational education programs, to parents of students who are members of special populations in a local educational agency whose allocation was distributed to the area vocational education school under Sec. 403.113. The area vocational education school conducts the meeting at a time and in a location convenient for these parents and students. At the meeting, the area vocational education school provides a staff person to assist students or their parents to complete any forms necessary to enroll in the area vocational education school's vocational education program.
Example 2: A hearing-impaired student in a local educational agency could participate in the vocational education program only if an interpreter is provided for that student. The local educational agency cannot refuse to admit the student because of the need for an interpreter. Sec. Appendix B to Part 403--Examples for 34 CFR 403.194--Comparability
Requirements
Methods by which a local educational agency can demonstrate its compliance with the comparability requirements in 34 CFR 403.194(a) include the following:
Example 1: The local educational agency files with the State board a written assurance that it has established and implemented--
(a) A district-wide salary schedule;
(b) A policy to ensure equivalence among secondary schools or sites in teachers, administrators, and auxiliary personnel; and
(c) A policy to ensure equivalency among secondary schools or sites in the provision of curriculum materials and instructional supplies.
Example 2: The local educational agency establishes and implements other procedures for ensuring comparability, such as the following:
(a) Comparing the average number of students per instructional staff in each secondary school or site served with Federal funds awarded under the State plan with the average number of students per instructional staff in secondary schools or sites not served with Federal funds awarded under the State plan. A served school is considered comparable if its average does not exceed 110 percent of the average of schools or sites in the local educational agency not served with Federal funds awarded under the State plan; or
(b) Comparing the average instructional staff salary expenditures per student in each secondary school or site served with Federal funds awarded under the State plan with the average instructional staff salary expenditure per student in schools or sites in the local educational agency not served with Federal funds awarded under the State plan. A served school is considered comparable if its average is at least 90 percent of the average of schools or sites not served with Federal funds awarded under the State plan.