$75.708 Prohibition of subgrants.

(a) A grantee may not make a subgrant under a program covered by this part unless specifically authorized by statute.

(b) A grantee may contract for supplies, equipment, construction, and other services, in accordance with 34 CFR part 74, Subpart C-Post-Award Requirements (Procurement Standards §§ 74.40-74.48) and 34 CFR part 80, Subpart C-Post-Award Requirements ($80.36 Procurement).

(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 52 FR 27804, July 24, 1987; 64 FR 50392, Sept. 16, 1999]

REPORTS

CROSS REFERENCE: See 34 CFR 74.51, Monitoring and reporting program performance; 34 CFR 74.52, Financial reporting; 34 CFR 80.40, Monitoring and reporting program performance; and 34 CFR 80.41 Financial reporting.

$75.720 Financial and performance reports.

(a) This section applies to the reports required under

(1) 34 CFR 74.51 (Monitoring and reporting program performance) and 34 CFR 74.52 (Financial reporting); 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 require a grantee to report more frequently than annually under 34 CFR 74.14 (Special award conditions), 34 CFR 74.21 (Standards for financial management systems), 34 CFR 80.12 (Special grant or subgrant conditions for "high-risk" grantees) or 34 CFR 80.20 (Standards for financial management systems).

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

[57 FR 30340, July 8, 1992, as amended at 64 FR 50392, Sept. 16, 1999]

A grantee shall keep records that fully show:

(a) The amount of funds under the grant;

(b) How the grantee uses the funds; (c) The total cost of the project; (d) The share of that cost provided from other sources; and

(e) Other records to facilitate an effective audit.

(Approved by the Office of Management and Budget under control number 1880-0513) (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 53 FR 49143, Dec. 6, 1988]

$75.731 Records related to compli

ance.

A grantee shall keep records to show its compliance with program requirements.

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

190-125 D-00--6

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

(a) Most records on present or past students are subject to the requirements of section 444 of GEPA and its implementing regulations in 34 CFR · part 99. (Section 444 is the Family Educational Rights and Privacy Act of 1974.)

(b) Under most programs administered by the Secretary, research, experimentation, and testing are subject to the requirements of section 445 of GEPA and its implementing regulations at 34 CFR part 98.

(Authority: 20 U.S.C. 1221e-3, 1232g, 1232h, and 3474)

[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 57 FR 30340, July 8, 1992; 60 FR 46493, Sept. 6, 1995]

$75.900 Waiver of regulations prohibited.

(a) No official, agent, or employee of ED may waive any regulation that applies to a Department program, unless the regulation specifically provides that it may be waived.

(b) No act or failure to act by an official, agent, or employee of ED can affect the authority of the Secretary to enforce regulations.

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

$75.901 Suspension and termination. (a) [Reserved]

(b) The Secretary may use the Education Appeal Board to resolve disputes that are not subject to other procedures. Cross reference: See the following sections in part 74:

(1) Section 74.113 (Violation terms).

(2) Section 74.114 (Suspension).

of

CONSOLIDATED GRANT APPLICATIONS FOR
INSULAR AREAS

76.125 What is the purpose of these regulations?

76.126 What regulations apply to the consolidated grant applications for insular areas?

76.127 What is the purpose of a consolidated grant?

76.128 What is a consolidated grant? 76.129 How does a consolidated grant work? 76.130 How are consolidated grants made? 76.131 How does an insular area apply for a consolidated grant?

76.132 What assurances must be in a consolidated grant application? 76.133 What is the reallocation authority? 76.134 What is the relationship between consolidated and non-consolidated grants?

76.135 Are there any requirements for matching funds?

76.136 Under what programs may consolidated grant funds be spent?

76.137 How may carryover funds be used under the consolidated grant application?

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.

RESPONSIBILITIES FOR NOTICE AND INFORMATION

76.788 What are a charter school LEA's responsibilities under this subpart?

76.789 What are an SEA's responsibilities under this subpart?

ALLOCATION OF FUNDS BY STATE EDUCATIONAL AGENCIES

76.791 On what basis does an SEA determine whether a charter school LEA that opens or significantly expands its enrollment is eligible to receive funds under a covered program?

76.792 How does an SEA allocate funds to el

igible charter school LEAS under a covered program in which the SEA awards subgrants on a formula basis?

76.793 When is an SEA required to allocate

funds to a charter school LEA under this subpart?

76.794 How does an SEA allocate funds to

charter school LEAS under a covered program in which the SEA awards subgrants on a discretionary basis?

ADJUSTMENTS

76.796 What are the consequences of an SEA allocating more or fewer funds to a charter school LEA under a covered program than the amount for which the charter school LEA is eligible when the charter school LEA actually opens or significantly expands its enrollment?

76.797 When is an SEA required to make adjustments to allocations under this subpart?

Applicability of This Subpart to Local Educational Agencies

76.799 Do the requirements in this subpart apply to LEAS?

Subpart 1-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.

AUTHORITY: 20 U.S.C. 1221e-3, 3474, 6511(a), and 8065a, 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 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: