PURPOSE: The Department of Elementary and Secondary Education (the departmeru) has the authoriry to receive and expend federal funds for educational programs and to establish rules for administration of the program in accordance with controlling stautes and regulations. This rule sets forth the general provisions govent& programs operated under Title II, Part B, Foreign Languages Assistma Act, of the Elementary and Secondary Amendments, RL. 10@297. This rule incorporates by reference the Notice of Final bterpretatiions for the program dated January 30, 1992 and the Adndnishvive Martual for the Foreign Languages Assistance progmm.

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Editor’s Note: The following material incorporated into this rule by reference: I) Notice of Final Interpretations, Federal Register, Volume 57, Number 20, January 30, 1992 (Washington: U.S. Government Printing office, 1992); 2) The Foreign Languages Assistance I’mgram Admintstmtive Manual (Jefferson City: Missouti Department of Education. Division of Instruction. 1995). In accordance with section 536.031(4), RSMo, the fill tat of material incomorafed by refer&~ will be-made avail& to my interested person at the Gfjke of the Secrekvy of Sate and the headqumers of the adopting state LlgenLy.

1. (1) All programs and projects implemented with funds under the Foreign Languages Assistance Act shall be conducted in conformity with-

   1. (A) The Elementary and Secondary Education Act Amendments of 1988 (RL. IOO- 297);
   2. (B) The Notice of Final Interpretations published in the Federal Register, Volume 57, Number 20, January 30, 1992, which is incorporafed by reference and provides interpretations and definitions; and
   3. (C) The safe Administrative Manual for the Foreign Languages Assistance Program, which is incorporated in this rule by reference, and provides guidance and inrerpretadon of federal statutory and regulatory requirements for the program as applied in the school districts of Missouri and also establishes program management procedures consistent with stare law and practices.
2. (2) Any rule or interpretation promulgated by the State Board of Education in exercising its 5 CSR 50321-ELEM. 8 SEC. EDUCATION

respawb~hnes under the Foreign Languages Assistance Program may be waived by the assistant commissioner, Division of Insttuction, upon his/her determination that a situ& don exists in which the application of the rule OT interpretation would work an extreme hardship upon the affected party, or would work to the detriment of the intended benet? ciaries of the program. The waiver authority does nor extend to rules promulgated by the United States Department of Education, which are adopted by the State Board of Education as a condition of accepting funds under the Foreign Languages Assistance Program.

AUTHORITY: section 178.430, RSMo (1986). * Original rule filed June 26, 1992, &ctive Feb. 26, 1993.