PURPOSE: The Depanment of Elementary and Secondary Education (the department) has the author@ to receive and expend federal funds for educational programs and to establish rules for the admitistration of the programs in accordance with controlling federal stawes and regulntions. 7Xs rule sets forth the provisions governing programs operated under Part C, litle VIIofthe Elemaztary

Rebecca McDowell Cook (10131/97) secremy Of state

and’ Secondary Education Act of 1965 m amended by i?L 103.382, Emergency Immigmnt Edam.tion Program. This rule incoTorates by reference the applicable federal statutes, under which the depnlrment operates the program.

Editor’s Note: The following material is incorporated into this rule by refeeece: 1) Parr C, litk VII, Elementary and Secondary Education Act, 1995 Wachington: U.S. Government Printing qice, 1995). In accordance with section 536.031(4), RSMo, the full tat of material incorpomted by rqfem~~e will be made available to any interested person at the Gjjice of the Secretary of Stae and the headquaners orf the adopting skzte agency.

1. (1) All programs implemented with funds under the Emergency Immigrant Education Program shall be conducted in conformity witl-

   1. (A) Part C, Title VII of the Elementary and Secondary Education Act of 1965 as amended, Emergency Immigrant Education Program (EL. 103.382) which is the basic legisladon for the program; and
   2. (B) Missouri’s Application for Federal Assistance under the Emergency Immigrant Education Program which establishes the local educational agencies eligible to receive funding.
2. (2) Any rute or interpretation promulgared by the State Board of Education in exercising its responsibilities under the Emergency In”& grant Education Program may be waived by Tne assistant commissioner, Division of Instruction, upon his/her determination that a situation exists in which the application of the rule or intapretadon would work a” extreme hardship upon the affected party, or would work to the detriment of the imended beneficiaries of the program. The uaiver authority does not extend to rules promulgated by the United States Department of Education which are adopted ty the State Board of Educadon as a condition of accepting funds under the Eme~~ncy Immigrant Education Program.

AUTIfORIT?Y section 178.430, RSMo (1994). * Original rule filed Feb. 27, 19% effective June 28, 1990. Amended: Filed March 29, 1995, effective Oct. 30, 1995. 5 CSR 50-321