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Subpart G-What Are the Administrative Responsibilities of the State and Its Subgrantees?

GENERAL ADMINISTRATIVE RESPONSIBILITIES 76.700 Compliance with statutes, regulations, State plan, and applications. 76.701 The State or subgrantee administers or supervises each project.

76.702 Fiscal control and fund accounting procedures.

76.703 When a State may begin to obligate funds.

76.704 New State plan requirements that must be addressed in a State plan. 76.707 When obligations are made.

76.708 When certain subgrantees may begin to obligate funds.

76.709 Funds may be obligated during a "carryover period."

76.710 Obligations made during a carryover period are subject to current statutes, regulations, and applications.

76.711 Requesting funds by CFDA number.

REPORTS

76.720 Financial and performance reports by a State.

76.722 A subgrantee makes reports required by the State.

RECORDS

grantee.

76.652 Consultation with representatives of private school students.

76.730 76.731

Records related to grant funds. Records related to compliance.

PRIVACY

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76.740 Protection of and access to student records; student rights in research, experimental programs, and testing.

USE OF FUNDS BY STATES AND SUBGRANTEES 76.760 More than one program may assist a single activity.

76.761 Federal funds may pay 100 percent of cost.

STATE ADMINISTRATIVE RESPONSIBILITIES 76.770 A State shall have procedures to ensure compliance.

76.783 State educational agency actionsubgrantee's opportunity for a hearing.

Subpart H-What Procedures Does the
Secretary Use To Get Compliance?

76.900 Waiver of regulations prohibited. 76.901 Office of Administrative Law Judges. 76.902 Judicial review.

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76.910 Cooperation with audits.

AUTHORITY: 20 U.S.C. 1221e-3, 6511(a), 3474, unless otherwise noted.

SOURCE: 45 FR 22517, Apr. 3, 1980, unless otherwise noted. Redesignated at 45 FR 77368, Nov. 21, 1980.

Subpart A-General

REGULATIONS THAT APPLY TO STATEADMINISTERED PROGRAMS

§ 76.1 Programs to which part 76 applies.

(a) The regulations in part 76 apply to each State-administered program of the Department.

(b) If a State formula grant program does not have implementing regulations, the Secretary implements the program under the authorizing statute and, to the extent consistent with the authorizing statute, under the General Education Provisions Act and the regulations in this part. For the purposes of this part, the term State formula grant program means a program whose authorizing statute or implementing regulations provide a formula for allocating program funds among among eligible States.

(Authority: 20 U.S.C. 1221e-3, 3474, and 6511(a))

[45 FR 22517, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 45 FR 84059, Dec. 22, 1980; 50 FR 29330, July 18, 1985; 52 FR 27804, July 24, 1987; 54 FR 21776, May 19, 1989; 55 FR 14816, Apr. 18, 1990]

§ 76.2 Exceptions in program regulations to part 76.

If a program has regulations that are not consistent with part 76, the implementing regulations for that program identify the sections of part 76 that do not apply.

(Authority: 20 U.S.C. 1221e-3, 3474, and 6511(a))

[45 FR 22517, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 54 FR 21776, May 19, 1989]

ELIGIBILITY FOR A GRANT OR SUBGRANT

§ 76.50 Statutes determine eligibility and whether subgrants are made. (a) Under a program covered by this part, the Secretary makes a grant:

(1) To the State agency designated by the authorizing statute for the program; or

(2) To the State agency designated by the State in accordance with the authorizing statute.

(b) The authorizing statute determines the extent to which a State may: (1) Use grant funds directly; and (2) Make subgrants to eligible applicants.

(c) The regulations in part 76 on subgrants apply to a program only if subgrants are authorized under that program.

(d) The authorizing statute determines the eligibility of an applicant for a subgrant.

(Authority: 20 U.S.C. 1221e-3, 3474, and 6511(a))

[45 FR 22517, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 52 FR 27804, July 24, 1987; 54 FR 21776, May 19, 1989]

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apply for a grant under a program covered by this part. Additional requirements are in the authorizing statute and the implementing regulations for the program.

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

[52 FR 27804, July 24, 1987]

§ 76.101 The general State application. A State that makes subgrants to local educational agencies under a program subject to this part shall have on

State plan

Application

Application

Document

Application or written request

for assistance.

Application

State plan

State plan supplement

State plan

State plan

State plan and application

Program

Assistance to States for Edu-
cation of Handicapped Chil-
dren.

Preschool Grants

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Part B (except section 619), Individuals with | OSERS
Disabilities Education Act (20 U.S.C. 1411-
1420).

Section 619, Individuals with Disabilities Edu- OSERS
cation Act (20 U.S.C. 1419).

Handicapped Infants and Tod- Part H, Individuals with Disabilities Education OSERS

dlers.

Client Assistance Program

Removal of Architectural Bar-
riers to the Handicapped Pro-
gram.

State Vocational Rehabilitation
Services Program.

State Supported Employment
Services Program.

Act (20 U.S.C. 1471-1485).

Section 112, Rehabilitation Act of 1973 (29 OSERS
U.S.C. 732).

Section 607, Individuals with Disabilities Edu- | OSERS
cation Act (20 U.S.C. 1406).

Title I, Parts A-C, Rehabilitation Act of 1973 | OSERS
(29 U.S.C. 720-741).

Title VI, Part C, Rehabilitation Act of 1973 (29 | OSERS
U.S.C. 795j-795r).

State Independent Living Serv- Title VII, Part A, Rehabilitation Act of 1973 (29 | OSERS
ices Program.
U.S.C. 796-796d).

State Vocational Education Pro- Title I, Part B, Carl D. Perkins Vocational Edu- OVAE
gram.
cation Act (20 U.S.C. 2321-2325).
State-Administered Adult Edu- Section 341, Adult Education Act (20 U.S.C. | OVAE
cation Program.
1206).

Even Start Family Literacy Pro- Title I, Chapter 1, Part B of the Elementary and OESE
gram.
Secondary Education Act of 1965 (20 U.S.C.
2741-2749).

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Title II, Part A, Elementary and Secondary | OESE
Education Act of 1965, as amended (20
U.S.C. 2981-2993).

Federal, State and Local Part-Title I, Chapter 2, Elementary and Secondary OESE
nership for Educational Im-
provement.

Education Act of 1965, as amended (20

U.S.C. 2911-2952 and 2971–2976).

Sections 1201, 1202, Chapter 1, Title I, Ele- OESE
mentary and Secondary Education Act of

1965, as amended (20 U.S.C. 2781 and
2782).

State Student Incentive Grant Section 415C, Higher Education Act of 1965 OPE
Program.

(20 U.S.C. 1070c-2).

Paul Douglas Teacher Scholar- Section 553, Higher Education Act of 1965 (20 | OPE ship Program.

The Library Services and Con-
struction Act State-Adminis-
tered Program.

U.S.C. 1111b).

Library Services and Construction Act (20 OERI
U.S.C. 351-355e-3).

Emergency Immigrant Education Emergency Immigrant Education Act (20 OBEMLA
Program.

U.S.C. 3121-3130).

Transition Program for Refugee Section 412(d) Immigration and Naturalization OBEMLA
Children.

Any State-administered program
without implementing regula-
tions.

Act (8 U.S.C. 1522 (d)).

Section 408(a)(1), General Education Provi- | Dept-wide
sions Act and Section 414, Department of
Education Organization Act (20 U.S.C.
1221e-3(a)(1) and 3474).

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

[57 FR 30340, July 8, 1992]

§ 76.103 Multi-year State plans.

(a) Beginning with fiscal year 1996, each State plan will be effective for a period of more than one fiscal year, to be determined by the Secretary or by regulations.

(b) If the Secretary determines that the multi-year State plans under a program should be submitted by the States on a staggered schedule, the Secretary may require groups of States to submit or resubmit their plans in different years.

(c) This section does not apply to:

(1) The annual accountability report under part A of title I of the Vocational Education Act;

(2) The annual programs under the Library Services and Construction Act; (3) The application under sections 141-143 of the Elementary and Secondary Education Act; and

(4) The State application under section 209 of title II of the Education for Economic Security Act.

(d) A State may submit an annual State plan under the Vocational Education Act. If a State submits an annual plan under that program, this section does not apply to that plan.

NOTE: This section is based on a provision in the General Education Provisions Act (GEPA). Section 427 of the Department of Education Organization Act (DEOA), 20 U.S.C. 3487, provides that except to the extent inconsistent with the DEOA, the GEPA "shall apply to functions transferred by this Act to the extent applicable on the day preceding the effective date of this Act." Although standardized nomenclature is used in this section to reflect the creation of the Department of Education, there is no intent to extend the coverage of the GEPA beyond that authorized under section 427 or other applicable law.

(Authority: 20 U.S.C. 1231g(a))

[45 FR 22517, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 45 FR 86296, Dec. 30, 1980; 50 FR 43545, Oct. 25, 1985; 60 FR 46493, Sept. 6, 1995]

§ 76.104 A State shall include certain certifications in its State plan.

(a) A State shall include the following certifications in each State plan:

(1) That the plan is submitted by the State agency that is eligible to submit the plan.

(2) That the State agency has authority under State law to perform the functions of the State under the program.

(3) That the State legally may carry out each provision of the plan.

(4) That all provisions of the plan are consistent with State law.

(5) That a State officer, specified by title in the certification, has authority under State law to receive, hold, and disburse Federal funds made available under the plan.

(6) That the State officer who submits the plan, specified by title in the certification, has authority to submit the plan.

(7) That the agency that submits the plan has adopted or otherwise formally approved the plan.

(8) That the plan is the basis for State operation and administration of the program.

(b) [Reserved]

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

§ 76.106 State documents are public information.

A State shall make the following documents available for public inspection:

(a) All State plans and related official materials.

(b) All approved subgrant applications.

(c) All documents that the Secretary transmits to the State regarding a program.

(Authority: 20 U.S.C. 1221e-3 and 3474) CONSOLIDATED GRANT APPLICATIONS FOR INSULAR AREAS

AUTHORITY: Title V, Pub. L. 95-134, 91 Stat. 1159 (48 U.S.C. 1469a).

§ 76.125 What is the purpose of these regulations?

(a) Sections 76.125 through 76.137 of this part contain requirements for the submission of an application by an Insular Area for the consolidation of two or more grants under the programs described in paragraph (c) of this section.

(b) For the purpose of §§ 76.125-76.137 of this part the term Insular Area

means the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, or the Commonwealth of the Northern Mariana Islands.

(c) The Secretary may make an annual consolidated grant to assist an Insular Area in carrying out one or more State-administered formula grant programs of the Department.

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

[47 FR 17421, Apr. 22, 1982, as amended at 54 FR 21776, May 19, 1989; 57 FR 30341, July 8, 1992]

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Example. Assume the Virgin Islands applies for a consolidated grant that includes programs under the Adult Education Act, Vocational Education Act, and Chapter 1 of the Education Consolidation and Improvement Act. If the Virgin Islands' allocation under the formula for each of these three programs is $150,000; the total consolidated grant to the Virgin Islands would be $450,000.

(Authority: 48 U.S.C. 1469a)

[47 FR 17421, Apr. 22, 1982]

§ 76.129 How does a consolidated grant work?

(a) An Insular Area shall use the funds it receives under a consolidated grant to carry out, in its jurisdiction, one or more of the programs included in the grant.

Example. Assume that Guam applies for a consolidated grant under the Vocational Education Act, the Handicapped Preschool and School Programs-Incentive Grants, and the Adult Education Act and that the sum of the allocations under these programs is $700,000. Guam may choose to allocate this $700,000 among all of the programs authorized under the three Alterprograms. natively, it may choose to allocate the entire $700,000 to one or two of the programs; for example, the Adult Education Act Program.

(b) An Insular Area shall comply with the statutory and regulatory requirements that apply to each program under which funds from the consolidated grant are expended.

Example. Assume that American Samoa uses part of the funds under a consolidated grant for the State program under the Adult Education Act. American Samoa need not submit to the Secretary a State plan that requires policies and procedures to assure all students equal access to adult education programs. However, in carrying out the program, American Samoa must meet and be able to demonstrate compliance with this equal access requirement.

(Authority: 48 U.S.C. 1469a) [47 FR 17421, Apr. 22, 1982]

§ 76.130 How are consolidated grants made?

(a) The Secretary annually makes a single consolidated grant to each Insular Area that meets the requirements of §§ 76.125 through 76.137 and each program under which the grant funds are to be used and administered.

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