§ 75.682 Treatment of animals. If a grantee uses an animal in a project, the grantee shall provide the animal with proper care and humane treatment in accordance with the Animal Welfare Act of 1970. (Authority: 20 U.S.C. 1221e-3 and 3474) § 75.683 Health or safety standards for facilities. A grantee shall comply with any Federal health or safety requirements that apply to the facilities that the grantee uses for the project. (Authority: 20 U.S.C. 1221e-3 and 3474) Subpart F-What Are the Administrative Responsibilities of a Grantee? GENERAL ADMINISTRATIVE RESPONSIBILITIES $75.700 Compliance with statutes, regulations, and applications. A grantee shall comply with applicable statutes, regulations, and approved applications, and shall use Federal funds in accordance with those statutes, regulations, and applications. (Authority: 20 U.S.C. 1221e-3 and 3474) § 75.701 The grantee administers or supervises the project. A grantee shall directly administer or supervise the administration of the project. (Authority: 20 U.S.C. 1221e-3 and 3474) § 75.702 Fiscal control and fund accounting procedures. A grantee shall use fiscal control and fund accounting procedures that insure proper disbursement of and accounting for Federal funds. (Authority: 20 U.S.C. 1221e-3 and 3474) CROSS REFERENCE: See 34 CFR part 74, Subpart C-Post-Award Requirements and Subpart D-After-the-Award Requirements and 34 CFR part 80, Subpart C-Post-Award Requirements and Subpart D-After-the-Grant Requirements. $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] $75.721 [Reserved] RECORDS CROSS REFERENCE: See 34 CFR 74.53, Retention and access requirements for records and 34 CFR 80.42, Retention and access requirements for records. $75.730 Records related to grant funds. 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; 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] Procedures Does the Department Use To Get Compliance? Subpart G-What CROSS REFERENCE: See 34 CFR part 74, Subpart M-Grant and Subgrant Closeout, Suspension, and Termination. $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 of terms). (2) Section 74.114 (Suspension). (3) Section 74.115 (Termination). (4) The last sentence of §74.73(c) (Financial reporting after a termination). (5) Section 74.112 (Amounts payable to the Federal Government). (Authority: 20 U.S.C. 1221e-3 and 3474) [45 FR 86297, Dec. 30, 1980] 197-126 D-6 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-How Does a State or Local Educational Agency Allocate Funds to Charter Schools? GENERAL 76.785 What is the purpose of this subpart? 76.786 What entities are governed by this subpart? 76.787 What definitions apply to this subpart? RESPONSIBILITIES FOR NOTICE AND 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 eligible 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 I-What Procedures Does the 76.900 Waiver of regulations prohibited. Office of Administrative Law Judges. |