EDGAR Part 76 (State-Administered Programs)-Subpart A (General)
TITLE 34--EDUCATION
PART 76_STATE-ADMINISTERED PROGRAMS
Subpart A_General
Regulations that Apply to State-Administered Programs
Sec.
76.1 Programs to which part 76 applies.
76.2 Exceptions in program regulations to part 76.
Eligibility for a Grant or Subgrant
76.50 Statutes determine eligibility and whether subgrants are made.
76.51 A State distributes funds by formula or competition.
76.52 Eligibility of faith-based organizations for a subgrant.
Subpart B_How a State Applies for a Grant
State Plans and Applications
76.100 Effect of this subpart.
76.101 The general State application.
76.102 Definition of ``State plan'' for part 76.
76.103 Multi-year State plans.
76.104 A State shall include certain certifications in its State plan.
76.106 State documents are public information.
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?
Amendments
76.140 Amendments to a State plan.
76.141 An amendment requires the same procedures as the document being
amended.
76.142 An amendment is approved on the same basis as the document being
amended.
Subpart C_How a Grant Is Made to a State
Approval or Disapproval by the 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 grant.
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 application.
76.302 The notice to the subgrantee.
76.303 Joint applications and projects.
76.304 Subgrantee shall make subgrant application available to the
public.
Subpart E_How a Subgrant Is Made to an Applicant
76.400 State procedures for reviewing an application.
76.401 Disapproval of an application--opportunity for a hearing.
Subpart F_What Conditions Must Be Met by the State and Its Subgrantees?
Nondiscrimination
76.500 Federal statutes and regulations on nondiscrimination.
Allowable costs
76.530 General cost principles.
76.532 Use of funds for religion prohibited.
76.533 Acquisition of real property; construction.
76.534 Use of tuition and fees restricted.
Indirect Cost Rates
76.560 General indirect cost rates; exceptions.
76.561 Approval of indirect cost rates.
76.563 Restricted indirect cost rate--programs covered.
76.564 Restricted indirect cost rate--formula.
76.565 General management costs--restricted 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 requirement for State or
subgrantee evaluation.
Construction
76.600 Where to find construction regulations.
Participation of Students Enrolled in Private Schools
76.650 Private schools; purpose of Sec. Sec. 76.651-76.662.
76.651 Responsibility of a State and a subgrantee.
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 enrolled 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 hearing 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 facilities.
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.
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, 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 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 subpart?
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 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 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 State-Administered Programs
Sec. 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]
Sec. 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
Sec. 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, 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]
Sec. 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, 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]
Sec. 76.52 Eligibility of faith-based organizations for a subgrant.
(a)(1) A faith-based organization is eligible to apply for and to
receive a subgrant under a program of the Department on the same basis
as any other private organization, with respect to programs for which
such other organizations are eligible.
(2) In the selection of subgrantees, States shall not discriminate
for or against a private organization on the basis of the organization's
religious character or affiliation.
(b) The provisions of Sec. 76.532 apply to a faith-based
organization that receives a subgrant from a State under a State-
administered program of the Department.
(c) A private organization that engages in inherently religious
activities, such as religious worship, instruction, or proselytization,
must offer those services separately in time or location from any
programs or services supported by a subgrant from a State under a State-
administered program of the Department, and participation in any such
inherently religious activities by beneficiaries of the programs
supported by the subgrant must be voluntary.
(d)(1) A faith-based organization that applies for or receives a
subgrant from a State under a State-administered program of the
Department may retain its independence, autonomy, right of expression,
religious character, and authority over its governance.
(2) A faith-based organization may, among other things--
(i) Retain religious terms in its name;
(ii) Continue to carry out its mission, including the definition,
development, practice, and expression of its religious beliefs;
(iii) Use its facilities to provide services without removing or
altering religious art, icons, scriptures, or other symbols from these
facilities;
(iv) Select its board members and otherwise govern itself on a
religious basis; and
(v) Include religious references in its mission statement and other
chartering or governing documents.
(e) A private organization that receives a subgrant from a State
under a State-administered program of the Department shall not
discriminate against a beneficiary or prospective beneficiary in the
provision of program services on the basis of religion or religious
belief.
(f) If a State or subgrantee contributes its own funds in excess of
those funds required by a matching or grant agreement to supplement
Federally funded activities, the State or subgrantee has the option to
segregate those additional funds or commingle them with the funds
required by the matching requirements or grant agreement. However, if
the additional funds are commingled, this section applies to all of the
commingled funds.
(g) A religious organization's exemption from the Federal
prohibition on employment discrimination on the basis of religion, in
section 702(a) of the Civil Rights Act of 1964, 42 U.S.C. 2000e-1, is
not forfeited when the organization receives financial assistance
from the Department.
(Authority: 20 U.S.C. 1221e-3, 3474, and 6511(a))
[69 FR 31711, June 4, 2004]
Effective Date Note: At 69 FR 31711, June 4, 2004, Sec. thnsp;76.52
was added, effective July 6, 2004.
EDGAR version June 23, 2005
