76.675 Posthearing procedures. 76.676 Judicial review of a bypass action. OTHER REQUIREMENTS FOR CERTAIN 76.681 Protection of human research subjects. 76.682 Treatment of animals. 76.683 Health or safety standards for facilities. 76.684 Day care services. 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 When certain subgrantees may begin to obligate funds. 76.705 Funds may be obligated during a "carryover period." 76.706 Obligations made during a carryover period are subject to current statutes, regulations, and applications. 76.707 When obligations are made. REPORTS 76.720 Financial and performance reports by a State. 76.722 A subgrantee makes reports required by the State. 76.651 Responsibility of a State and a subgrantee. 76.652 Consultation with representatives of private school students. RECORDS 76.653 Needs, number of students, and types of services. 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 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(a)(1), 2831(a), 2974(b), and 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 eligible States. (Authority: 20 U.S.C. 1221e-3(a)(1), 2831(a), 2974(b), and 3474) [45 FR 22517, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, and amended at 45 FR 84059, Dec. 22, 1980; 47 FR 52354, Nov. 19, 1982; 50 FR 29330, July 18, 1985; 50 FR 32564, Aug. 13, 1985; 50 FR 43545, Oct. 25, 1985; 51 FR 35583, Oct. 6, 1986; 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(a)(1), 2831(a), 2974(b)) [45 FR 22517, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, and 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(a)(1), 2831(a), 2974(b)) [45 FR 22517, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, and amended at 52 FR 27804, July 24, 1987; 54 FR 21776, May 19, 1989] $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. (Authority: 20 U.S.C. 1221e-3(a)(1), 2831(a), 2974(b)) [45 FR 22517, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, and 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 require ments are in the authorizing statute and the implementing regulations for the program. (Authority: 20 U.S.C. 1221e-3(a)(1)) [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 file with the Secretary a general appli cation that meets the requirements of Section 435 of the General Education Provisions Act. (Authority: 20 U.S.C. 1232d) [52 FR 27804, July 24, 1987] § 76.102 Definition of “State plan" for part 76. As used in this part, "State-plan" means any of the following documents: Program Authorizing statute Assistance to States for Education of Handicapped Part B (except section 619), Individuals with DisabilChildren. Preschool Grants Handicapped Infants and Toddlers Client Assistance Program ities Education Act (20 U.S.C. 1411-1420). Principal Office OSERS Section 619, Individuals with Disabilities Education Act OSERS Part H, Individuals with Disabilities Education Act (20 OSERS Section 112, Rehabilitation Act of 1973 (29 U.S.C. OSERS Removal of Architectural Barriers to the Handicapped Section 607, Individuals with Disabilities Education Act OSERS Program. State Vocational Rehabilitation Services Program State Supported Employment Services Program State Independent Living Services Program State-Administered Adult Education Program (20 U.S.C. 1406). Title 1. Parts A-C, Rehabilitation Act of 1973 (29 OSERS Title VI, Part C, Rehabilitation Act of 1973 (29 U.S.C. OSERS Title VII, Part A, Rehabilitation Act of 1973 (29 U.S.C. | OSERS Title I, Part B, Carl D. Perkins Vocational Education OVAE Section 341, Adult Education Act (20 U.S.C. 1206) OVAE State Grants for Strengthening Instruction in Mathe- Title II, Part A, Elementary and Secondary Education OESE Federal, State and Local Partnership for Educational Title 1, Chapter 2, Elementary and Secondary Edu- OESE cation Act of 1965, as amended (20 U.S.C. 29112952 and 2971-2976). Sections 1201, 1202, Chapter 1, Title I, Elementary OESE and Secondary Education Act of 1965, as amended Basic State plan, long-range program, and annual pro- The Library Services and Construction Act State-Ad- Library Services and Construction Act (20 U.S.C. OERI gram. Application ministered Program. 351-355e-3). Emergency Immigrant Education Act (20 U.S.C. OBEMLA 3121-3130). Section 412(d) Immigration and Naturalization Act (8 OBEMLA Any State-administered program without implementing Section 408(a)(1), General Education Provisions Act Dept-wide regulations. 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(a)(1) and 3474) [57 FR 30340, July 8, 1992] $76.103 Three-year State plans. (a) Beginning no later than fiscal year 1981, each State plan will be effective for a period of three fiscal years, unless the program regulations provide for a longer effective period. (b) If the Secretary determines that the three-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. 20 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), 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, and amended at 45 FR 86296, Dec. 30, 1980; 50 FR 43545, Oct. 25, 1985] $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(a)(1)) § 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(a)(1)) 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 |