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Subpart F-What Conditions Must Be Met by the State and Its Subgrantees?

NONDISCRIMINATION 76.500 Federal statutes and regulations on


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 consoli

dated grant application? 76.133 What is the reallocation authority? 76.134 What is the relationship between con

solidated and non-consolidated grants? 76.135 Are there any requirements for

matching funds? 76.136 Under what programs may consoli

dated grant funds be spent? 76.137 How may carryover funds be used

under the consolidated grant application?

AMENDMENTS 76.140 Amendments to a State plan. 76.141 An amendment requires the same procedures


the document being amended. 76.142 An amendment is approved on the

ALLOWABLE COSTS 76.530 General cost principles. 76.532 Use of funds for religion prohibited. 76.533 Acquisition of real property; con

struction. 76.534 Use of tuition and fees restricted.

INDIRECT COST RATES 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 rate--for

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.

EVALUATION 76,591 Federal evaluation-cooperation by a

grantee. 76.592 Federal evaluation-satisfying


same basis as the document being amended.

Subpart C-How a Grant Is Made to a



SECRETARY 76.201 A State plan must meet all statutory

and regulatory requirements. 76.202 Opportunity for a hearing before a

State plan is disapproved. 76.235 The notification of grant award. ALLOTMENTS AND REALLOTMENTS OF GRANT

FUNDS 76.260 Allotments are made under program

statute or regulations. 76.261 Realloted funds are part of a State's


quirement for State or subgrantee evaluation.

Subpart D-How To Apply to the State for

a Subgrant 76.300 Contact the State for procedures to

follow. 76.301 Local educational agency general ap

plication. 76.302 The notice to the subgrantee. 76.303 Joint applications and projects. 76.304 Subgrantee shall make subgrant ap

plication available to the public. Subpart E-How a Subgrant Is Made to an

Applicant 76.400 State procedures for reviewing an ap

plication. 76.401 Disapproval of an application--oppor

tunity for a hearing.

CONSTRUCTION 76.600 Where to find construction regula


PRIVATE SCHOOLS 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.

PROCEDURES FOR BYPASS 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. OTHER REQUIREMENTS FOR CERTAIN

PROGRAMS 76.681 Protection of human subjects. 76.682 Treatment of animals. 76.683 Health or safety standards for facili


Subpart G-What Are the Administrative

Responsibilities of the State and its

Subgrantees? GENERAL ADMINISTRATIVE RESPONSIBILITIES 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.

STATE ADMINISTRATIVE RESPONSIBILITIES 76.770 A State shall have procedures to en

sure compliance. 76.783 State educational agency action

subgrantee'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 sub


INFORMATION 76.788 What are a charter school LEA's re

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


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 à covered program than the amount for which the charter school LEA is eligible when the charter school LEA actually opens or signifi

cantly expands its enrollment? 76.797 When is an SEA required to make ad

justments to allocations under this sub

part? 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

Secretary Use To Get Compliance? 76.900 Waiver of regulations prohibited. 76.901 Office of Administrative Law Judges.

REPORTS 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 76.740 Protection of and access to student

records; student rights in research, ex

perimental 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


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



(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. 1221e3, 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)

$76.1 Programs to which part 76 ap

plies. (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 allo

ting 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)

876.51 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. (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)

876.2 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)

Subpart B—How a State Applies

for a Grant STATE PLANS AND APPLICATIONS $76.100 Effect of this subpart.

This subpart establishes general requirements that a State must meet to 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)


876.50 Statutes determine eligibility

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

[blocks in formation]

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-

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 (29OSERS 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 (29OSERS 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 V.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 and Education Act of 1965, as amended (20

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

Federal, State and Local Part-Title 1, Chapter 2, Elementary and Secondary OESE

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

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

(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

U.S.C. 3121-3130)

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

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

thorizing statute for a State without implementing regula sions Act and Section 414, Department of administered program re tions.

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

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

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)

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


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 $876.125–76.137 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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