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use of equipment or supplies purchased with grant funds.

(Authority: 20 U.S.C. 1221e-3 and 3474)


$75.620 General conditions on publica


(b) The following standards of the American Society of Heating, Refrigerating, and Air Conditioning Engineers (ASHRAE) are incorporated by reference in this section:

(1) ASHRAE-90 A-1980 (Sections 1-9).

(2) ASHRAE-90 B-1975 (Sections 10– 11).

(3) ASHRAE-90 C-1977 (Section 12). Incorporation by reference of these provisions has been approved by the Director of the Office of the Federal Register pursuant to the Director's authority under 5 U.S.C. 552 (a) and 1 CFR part 51. The incorporated document is on file at the Department of Education, Grants and Contracts Service, rm. 3636 ROB-3, 400 Maryland Avenue, SW., Washington, DC 20202-4700 or at the Office of the Federal Register, 800 North Capitol St., NW., suite 700, Washington, DC. These standards may be obtained from the publication sales department at the American Society of Heating, Refrigerating, and Air Conditioning Engineers, Inc., 1791 Tullie Circle, NE., Atlanta, Georgia 30329.

(c) A grantee shall comply with ASHRAE standards listed in paragraph (b) of this section in designing and constructing facilities built with project funds.

(a) Content of materials. Subject to any specific requirements that apply to its grant, a grantee may decide the format and content of project materials that it publishes or arranges to have published.

(b) Required statement. The grantee shall ensure that any publication that contains project materials also contains the following statements:

The contents of this (insert type of publication; e.g., book, report, film) were developed under a grant from the Department of Education. However, those contents do not necessarily represent the policy of the Department of Education, and you should not assume endorsement by the Federal Government.

(Authority: 20 U.S.C. 12214-3 and 3474)

[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 45 FR 86297, Dec. 30, 1980]

(Authority: 20 U.S.C. 1221e_3 and 3474, 42 U.S.C. 8373(b), and E.O. 12185)

[57 FR 30339, July 8, 1992]

$ 75.621 Copyright policy for grantees.

A grantee may copyright project materials in accordance with 34 CFR part 74 or 80, as appropriate.

$ 75.617 Compliance with the Coastal

Barrier Resources Act.

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(1) 34 CFR 74.73 (Financial Status Report) and 34 CFR part 74, subpart J (Monitoring and Reporting of Program Performance); and

(2) 34 CFR 80.40 (Monitoring and reporting program performance) and 34 CFR 80.41 (Financial reporting).

(b) A grantee shall submit these reports annually, unless the Secretary allows less frequent reporting. However, the Secretary may require a grantee of a grant made under 34 CFR part 700, 706, 707, or 708 (certain programs of the Office of Educational Research and Improvement) to submit performance reports more often than annually.

(c) The Secretary may, under 34 CFR 74.7 (Special grant or subgrant conditions) or 34 CFR 74.72(e) (regarding grantee accounting systems), or 34 CFR 80.12 (Special grant or subgrant conditions for "high-risk" grantees) require a grantee to report more frequently than annually.


(Authority: 20 U.S.C. 1221e-3 and 3474)

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$ 75.731 Records related to compli- Subpart GWhat Procedures

Does the Department Use To A grantee shall keep records to show Get Compliance? its compliance with program requirements.

CROSS REFERENCE: See 34 CFR part 74, Sub

part M—Grant and Subgrant Closeout, Sus(Authority: 20 U.S.C. 1221e-3 and 3474)

pension, and Termination. $75.732 Records related to perform.

$ 75.900 Waiver of regulations prohib

ited. (a) A grantee shall keep records of

(a) No official, agent, or employee of significant project experiences and re

ED may waive any regulation that apsults.

plies to a Department program, unless (b) The grantee shall use the records

the regulation specifically provides under paragraph (a) to:

that it may be waived. (1) Determine progress in accom

(b) No act or failure to act by an offiplishing project objectives; and

cial, agent, or employee of ED can af(2) Revise those objectives, if nec

fect the authority of the Secretary to essary.

enforce regulations. (Approved by the Office of Management and

(Authority: 20 U.S.C. 1221e-3 and 3474) Budget under control number 1880-0513)

$75.901 Suspension and termination. (Authority: 20 U.S.C. 1221e-3 and 3474)

(a) [Reserved] CROSS REFERENCE: See 34 CFR 74.103 (b) and

(b) The Secretary may use the Edu(C)Procedures for revising objectives.

cation Appeal Board to resolve disputes [45 FR 22497, Apr. 3, 1980. Redesignated at 45 that are not subject to other proceFR 77368, Nov. 21, 1980, as amended at 53 FR

dures. Cross reference: See the follow49143, Dec. 6, 1988]

ing sections in part 74:

(1) Section 74.113 $75.733 [Reserved]

(Violation of

terms). PRIVACY

(2) Section 74.114 (Suspension).

(3) Section 74.115 (Termination). $75.740 Protection of and access to

(4) The last sentence of $74.73(C) (Fistudent records; student rights in

nancial reporting after a termination). research, experimental programs, and testing.

(5) Section 74.112 (Amounts payable

to the Federal Government). (a) Most records on present or past students are subject to the require

(Authority: 20 U.S.C. 1221e-3 and 3474) ments of section 444 of GEPA and its (45 FR 86297, Dec. 30, 1980] implementing regulations in 34 CFR part 99. (Section 444 is the Family Edu- $ 75.902 [Reserved] cational Rights and Privacy Act of

$ 75.903 Effective date of termination. 1974.)

(b) Under most programs adminis- Termination is effective on the latest tered by the Secretary, research, ex

of: perimentation, and testing are subject (a) The date of delivery to the grantto the requirements of section 445 of ee of the notice of termination; GEPA and its implementing regula- (b) The termination date given in the tions at 34 CFR part 98.

notice of termination; or

(C) The date of a final decision of the (Authority: 20 U.S.C. 12214-3, 1232g, 1232h,

Secretary under part 78 of this title. and 3474)

(Authority: 20 U.S.C. 1221e 3 and 3474) [45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 57 FR

[45 FR 22497, Apr. 3, 1980. Redesignated at 45 30340, July 8, 1992; 60 FR 46493, Sept. 6, 1995] FR 77368, Nov. 21, 1980, as amended at 45 FR

86298, Dec. 30, 1980]

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