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76.560 General indirect cost rates; excep

tions. 76.561 Approval of indirect cost rates. 76.563 Restricted indirect cost rate-pro

grams covered. 76.564 Restricted indirect cost ratefor

mula. 76.565 General management costs re

stricted rate. 76.566 Fixed costs-restricted rate. 76.567 Other expenditures-restricted rate. 76.568 Occupancy and space maintenance

costs restricted rate. 76.569 Using the restricted indirect cost

rate. 76.580 Coordination with other activities.

76.700 Compliance with statutes, regula

tions, 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.

EVALUATION

76.591 Federal evaluation-cooperation by a

grantee. 76.592 Federal evaluation-satisfying re

quirement for State or subgrantee evaluation.

CONSTRUCTION

76.600 Where to find construction regula

tions.

REPORTS

PARTICIPATION OF STUDENTS ENROLLED IN

PRIVATE SCHOOLS

76.720 Financial and performance reports by

a State. 76.722 A subgrantee makes reports required

by the State.

RECORDS

76.730 Records related to grant funds. 76.731 Records related to compliance.

PRIVACY

76.650 Private schools; purpose of $876.651

76.662. 76.651 Responsibility of a State and a sub

grantee. 76.652 Consultation with representatives of

private school students. 76.653 Needs, number of students, and types

of services. 76.654 Benefits for private school students. 76.655 Level of expenditures for students en

rolled in private schools. 76.656 Information in an application for a

subgrant. 76.657 Separate classes prohibited. 76.658 Funds not to benefit a private school. 76.659 Use of public school personnel. 76.660 Use of private school personnel. 76.661 Equipment and supplies. 76.662 Construction.

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

PROCEDURES FOR BYPASS

76.770 A State shall have procedures to en

sure compliance. 76.783 State educational agency action

subgrantee's opportunity for a hearing.

76.670 Applicability and filing requirements. 76.671 Notice by the Secretary. 76.672 Bypass procedures. 76.673 Appointment and functions of a hear

ing officer. 76.674 Hearing procedures. 76.675 Posthearing procedures. 76.676 Judicial review of a bypass action. 76.677 Continuation of a bypass.

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.

76.910 Cooperation with audits.

ELIGIBILITY FOR A GRANT OR SUBGRANT

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 STATE

ADMINISTERED PROGRAMS

$ 76.1 Programs to which part 76 ap

plies.

$ 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.

(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 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 52 FR 27804, July 24, 1987; 54 FR 21776, May 19, 1989]

(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]

$ 76.51 A State distributes funds by

formula or competition. If a program statute authorizes a State to make subgrants, the statute:

(a) Requires the State to use a formula to distribute funds;

(b) Gives the State discretion to select subgrantees through a competition among the applicants or through some other procedure; or

(c) Allows some combination of these procedures.

$76.2 Exceptions in program regula

tions 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)

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

Subpart B-How a State Applies

for a Grant

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

STATE PLANS AND APPLICATIONS

$76.100 Effect of this subpart.

This subpart establishes general requirements that a State must meet to

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State plan

Assistance to States for Edu- Part B (except section 619), Individuals with | OSERS

cation of Handicapped Chil- Disabilities Education Act (20 U.S.C. 1411-
dren.

1420).
Application
Preschool Grants

Section 619, Individuals with Disabilities Edu-OSERS

cation Act (20 U.S.C. 1419). Application

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

Act (20 U.S.C. 1471-1485). Application or written request Client Assistance Program Section 112, Rehabilitation Act of 1973 (29 | OSERS for assistance.

U.S.C. 732). Application

Removal of Architectural Bar- Section 607, Individuals with Disabilities Edu- OSERS

riers to the Handicapped Pro- cation Act (20 U.S.C. 1406).

gram. State plan

State Vocational Rehabilitation Title I, Parts A-C, Rehabilitation Act of 1973 OSERS
Services Program.

(29 U.S.C. 720–741). State plan supplement

State Supported Employment Title VI, Part C, Rehabilitation Act of 1973 (29 OSERS
Services Program.

U.S.C. 795j-795r).
State plan

State Independent Living Serv- Title VII, Part A, Rehabilitation Act of 1973 (29 OSERS ices Program.

U.S.C. 796-796d). State plan

State Vocational Education Pro- Title I, Part B, Carl D. Perkins Vocational Edu- OVAE gram.

cation Act (20 U.S.C. 2321-2325). State plan and application State-Administered Adult Edu- Section 341, Adult Education Act (20 U.S.C. OVAE cation Program.

1206). State plan

Even Start Family Literacy Pro- Title 1, Chapter 1, Part B of the Elementary and OESE gram.

Secondary Education Act of 1965 (20 U.S.C.

2741-2749). State application

State Grants for Strengthening Title II, Part A, Elementary and Secondary OESE

Instruction in Mathematics Education Act of 1965, as amended (20
and Science.

U.S.C. 2981-2993).
State application

Federal, State and Local Part Title I, Chapter 2, Elementary and Secondary OESE

nership for Educational Im- Education Act of 1965, as amended (20
provement.

U.S.C. 2911-2952 and 2971-2976).
State plan or application Migrant Education Program Sections 1201, 1202, Chapter 1, Title 1, Ele- OESE

mentary and Secondary Education Act of
1965, as amended (20 U.S.C. 2781 and

2782). Application

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

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

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

U.S.C. 1111b). Basic State plan, long-range The Library Services and Con- Library Services and Construction Act (20 OERI

program, and annual pro- struction Act State-Adminis- U.S.C. 351-355e-3). gram.

tered Program. Application

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

U.S.C. 3121-3130).
Application

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

Act (8 U.S.C. 1522 (d)).
Any document that the author- Any State-administered program Section 408(a)(1), General Education Provi- Dept-wide

izing statute for a State-ad- without implementing regula- sions Act and Section 414, Department of
ministered program requires
tions.

Education Organization Act (20 U.S.C. a State to submit to receive

1221e-3(a)(1) and 3474). funds.

........

(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.

(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 in

formation. 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.

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. 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).

(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)

$ 76.125 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

$76.104 A State shall include certain

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

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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 programs.

Alternatively, it may choose to allocate the entire $700,000 to one or two of the programs; for example, the Adult Education Act Program.

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

[47 FR 17421, Apr. 22, 1982]

(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.

$76.127 What is the purpose of a con

solidated grant? An Insular Area may apply for a consolidated grant for two or more of the programs listed in $76.125(c). This procedure is intended to:

(a) Simplify the application and reporting procedures that would otherwise apply for each of the programs included in the consolidated grant; and

(b) Provide the Insular Area with flexibility in allocating the funds under the consolidated grant to achieve any of the purposes to be served by the programs that are consolidated.

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)

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