EDGAR Part 75 (Direct Grant Programs), Subpart A (General), Subpart B
TITLE 34--EDUCATION
PART 75_DIRECT GRANT PROGRAMS
Subpart A_General
Regulations That Apply to Direct Grant Programs
Sec.
75.1 Programs to which part 75 applies.
75.2 Exceptions in program regulations to part 75.
75.4 Department contracts.
Eligibility for a Grant
75.50 How to find out whether you are eligible.
75.51 How to prove nonprofit status.
75.52 Eligibility of faith-based organizations for a grant.
Ineligibility of Certain Individuals To Receive Assistance
75.60 Individuals ineligible to receive assistance.
75.61 Certification of eligibility; effect of ineligibility.
75.62 Requirements applicable to entities making certain awards.
Subpart B [Reserved]
Subpart C_How To Apply for a Grant
The Application Notice
75.100 Publication of an application notice; content of the notice.
75.101 Information in the application notice that helps an applicant
apply.
75.102 Deadline date for applications.
75.103 Deadline date for preapplications.
75.104 Applicants must meet procedural rules.
75.105 Annual priorities.
Application Contents
75.109 Changes to application; number of copies.
75.112 Include a proposed project period and a timeline.
75.117 Information needed for a multi-year project.
75.118 Requirements for a continuation award.
75.119 Information needed if private school students participate.
Separate Applications--Alternative Programs
75.125 Submit a separate application to each program.
75.126 Application must list all programs to which it is submitted.
Group Applications
75.127 Eligible parties may apply as a group.
75.128 Who acts as applicant; the group agreement.
75.129 Legal responsibilities of each member of the group.
State Comment Procedures
75.155 Review procedure if State may comment on applications: Purpose of
Sec. Sec. 75.156-75.158.
75.156 When an applicant under Sec. 75.155 must submit its application
to the State; proof of submission.
75.157 The State reviews each application.
75.158 Deadlines for State comments.
75.159 Effect of State comments or failure to comment.
Development of Curricula or Instructional Materials
75.190 Consultation.
75.191 Consultation costs.
75.192 Dissemination.
Subpart D_How Grants Are Made
Selection of New Projects
75.200 How applications for new grants and cooperative agreements are
selected for funding; standards for use of cooperative
agreements.
75.201 How the selection criteria will be used.
75.202-75.206 [Reserved]
75.209 Selection criteria based on statutory provisions.
75.210 General selection criteria.
75.211 Selection criteria for unsolicited applications.
Selection Procedures
75.215 How the Department selects a new project: purpose of Sec. Sec.
75.216-75.222.
75.216 Applications not evaluated for funding.
75.217 How the Secretary selects applications for new grants.
75.218 Applications not evaluated or selected for funding.
75.219 Exceptions to the procedures under Sec. 75.217.
75.220 Procedures the Department uses under Sec. 75.219(a).
75.221 Procedures the Department uses under Sec. 75.219(b).
75.222 Procedures the Department uses under Sec. 75.219(c).
75.223 [Reserved]
75.224 What are the procedures for using a multiple tier review process
to evaluate applications?
75.225 What procedures does the Secretary use if the Secretary decides
to give special consideration to novice applications?
Procedures To Make a Grant
75.230 How the Department makes a grant; purpose of Sec. Sec. 75.231-
75.236.
75.231 Additional information.
75.232 The cost analysis; basis for grant amount.
75.233 Setting the amount of the grant.
75.234 The conditions of the grant.
75.235 The notification of grant award.
75.236 Effect of the grant.
Approval of Multi-Year Projects
75.250 Project period can be up to 60 months.
75.251 The budget period.
75.253 Continuation of a multi-year project after the first budget
period.
75.254 [Reserved]
Miscellaneous
75.260 Allotments and reallotments.
75.261 Extension of a project period.
75.262 Conversion of a grant or a cooperative agreement.
75.263 Pre-award costs; waiver of approval.
75.264 Transfers among budget categories.
Subpart E_What Conditions Must Be Met by a Grantee?
Nondiscrimination
75.500 Federal statutes and regulations on nondiscrimination.
Project Staff
75.511 Waiver of requirement for a full-time project director.
75.515 Use of consultants.
75.516 Compensation of consultants--employees of institutions of higher
education.
75.517 Changes in key staff members.
75.519 Dual compensation of staff.
Conflict of Interest
75.524 Conflict of interest: Purpose of Sec. 75.525.
75.525 Conflict of interest: Participation in a project.
Allowable Costs
75.530 General cost principles.
75.531 Limit on total cost of a project.
75.532 Use of funds for religion prohibited.
75.533 Acquisition of real property; construction.
75.534 Training grants--automatic increases for additional dependents.
Indirect Cost Rates
75.560 General indirect cost rates; exceptions.
75.561 Approval of indirect cost rates.
75.562 Indirect cost rates for educational training projects.
75.563 Restricted indirect cost rate--programs covered.
75.564 Reimbursement of indirect costs.
75.580 Coordination with other activities.
Evaluation
75.590 Evaluation by the recipient.
75.591 Federal evaluation--cooperation by a grantee.
75.592 Federal evaluation--satisfying requirement for grantee
evaluation.
Construction
75.600 Use of a grant for construction: Purpose of Sec. Sec. 75.601-
75.615.
75.601 Applicant's assessment of environmental impact.
75.602 Preservation of historic sites must be described in the
application.
75.603 Grantee's title to site.
75.604 Availability of cost-sharing funds.
75.605 Beginning the construction.
75.606 Completing the construction.
75.607 General considerations in designing facilities and carrying out
construction.
75.608 Areas in the facilities for cultural activities.
75.609 Comply with safety and health standards.
75.610 Access by the handicapped.
75.611 Avoidance of flood hazards.
75.612 Supervision and inspection by the grantee.
75.613 Relocation assistance by the grantee.
75.614 Grantee must have operational funds.
75.615 Operation and maintenance by the grantee.
75.616 Energy conservation.
75.617 Compliance with the Coastal Barrier Resources Act.
Equipment and Supplies
75.618 Charges for use of equipment or supplies.
Publications and Copyrights
75.620 General conditions on publication.
75.621 Copyright policy for grantees.
75.622 Definition of ``project materials.''
Inventions and Patents
75.626 Show Federal support; give papers to vest title.
Other Requirements for Certain Projects
75.650 Participation of students enrolled in private schools.
75.681 Protection of human research subjects.
75.682 Treatment of animals.
75.683 Health or safety standards for facilities.
Subpart F_What Are the Administrative Responsibilities of a Grantee?
General Administrative Responsibilities
75.700 Compliance with statutes, regulations, and applications.
75.701 The grantee administers or supervises the project.
75.702 Fiscal control and fund accounting procedures.
75.703 Obligation of funds during the grant period.
75.707 When obligations are made.
75.708 Prohibition of subgrants.
Reports
75.720 Financial and performance reports.
75.721 [Reserved]
Records
75.730 Records related to grant funds.
75.731 Records related to compliance.
75.732 Records related to performance.
75.733 [Reserved]
Privacy
75.740 Protection of and access to student records; student rights in
research, experimental programs, and testing.
Subpart G_What Procedures Does the Department Use To Get Compliance?
75.900 Waiver of regulations prohibited.
75.901 Suspension and termination.
75.902 [Reserved]
75.903 Effective date of termination.
75.910 Cooperation with audits.
Authority: 20 U.S.C. 1221e-3 and 3474, unless otherwise noted.
Source: 45 FR 22497, Apr. 3, 1980, unless otherwise noted.
Redesignated at 45 FR 77368, Nov. 21, 1980.
Subpart A_General
Regulations That Apply to Direct Grant Programs
Sec. 75.1 Programs to which part 75 applies.
(a) The regulations in part 75 apply to each direct grant program of
the Department of Education.
(b) If a direct 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 ``direct grant program''
includes any grant program of the Department other than a program whose
authorizing statute or implementing regulations provide a formula for
allocating program funds among eligible States. With respect to Public
Law 81-874 (the Impact Aid Program), the term ``direct grant program''
includes only the entitlement increase for children with disabilities
under section 3(d)(2)(C) of Public Law 81-874 (20 U.S.C. 238(d)(2)(C)
and disaster assistance under section 7 of that law (20 U.S.C. 241-1).
Note: See part 76 for the general regulations that apply to programs
that allocate funds among eligible States. For a description of the two
kinds of direct grant programs see Sec. 75.200. Paragraph (b) of that
section describes discretionary grant programs. Paragraph (c) of that
section describes formula grant programs. Also see Sec. Sec. 75.201,
75.209, and 75.210 for the selection criteria for discretionary grant
programs that do not have implementing regulations or whose implementing
regulations do not include selection criteria.
(Authority: 20 U.S.C. 1221e-3 and 3474)
[45 FR 22497, Apr. 3, 1980, as amended at 45 FR 28669, Apr. 29, 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 27803, July 24, 1987;
57 FR 30336, July 8, 1992; 60 FR 63873, Dec. 12, 1995]
Sec. 75.2 Exceptions in program regulations to part 75.
If a program has regulations that are not consistent with part 75,
the implementing regulations for that program identify the sections of
part 75 that do not apply.
(Authority: 20 U.S.C. 1221e-3 and 3474)
Sec. 75.4 Department contracts.
(a) A Federal contract made by the Department is governed by--
(1) Chapters 1 and 34 of title 48 of the Code of Federal Regulations
(Federal Acquisition Regulation and Education Department Acquisition
Regulation).
(2) Any applicable program regulations; and
(3) The request for proposals for the procurement, if any,
referenced in Commerce Business Daily.
(b) The regulations in part 75 do not apply to a contract of the
Department unless regulations in part 75 or a program's regulations
specifically provide otherwise.
(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 57 FR 30336, July 8, 1992]
Eligibility for a Grant
Sec. 75.50 How to find out whether you are eligible.
Eligibility to apply for a grant under a program of the Department
is governed by the authorizing statute and implementing regulations for
that program.
(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 27803, July 24, 1987]
Sec. 75.51 How to prove nonprofit status.
(a) Under some programs, an applicant must show that it is a
nonprofit organization. (See the definition of nonprofit in
34 CFR 77.1.)
(b) An applicant may show that it is a nonprofit organization by any
of the following means:
(1) Proof that the Internal Revenue Service currently recognizes the
applicant as an organization to which contributions are tax deductible
under section 501(c)(3) of the Internal Revenue Code;
(2) A statement from a State taxing body or the State attorney
general certifying that:
(i) The organization is a nonprofit organization operating within
the State; and
(ii) No part of its net earnings may lawfully benefit any private
shareholder or individual;
(3) A certified copy of the applicant's certificate of incorporation
or similar document if it clearly establishes the nonprofit status of
the applicant; or
(4) Any item described in paragraphs (b) (1) through (3) of this
section if that item applies to a State or national parent organization,
together with a statement by the State or parent organization that the
applicant is a local nonprofit affiliate.
(Authority: 20 U.S.C. 1221e-3 and 3474)
Ineligibility of Certain Individuals To Receive Assistance
Source: Sections 75.60--75.62 issued at 57 FR 30337, July 8, 1992,
unless otherwise noted.
Sec. 75.52 Eligibility of faith-based organizations for a grant.
(a)(1) A faith-based organization is eligible to apply for and to
receive a grant 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 grantees, the Department 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. 75.532 apply to a faith-based
organization that receives a grant under a 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 grant from the Department, and
participation in any such inherently religious activities by
beneficiaries of the programs supported by the grant must be voluntary.
(d)(1) A faith-based organization that applies for or receives a
grant under a 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 grant under a 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 grantee contributes its own funds in excess of those funds
required by a matching or grant agreement to supplement federally funded
activities, the grantee 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 and 3474)
[69 FR 31710, June 4, 2004]
Effective Date Note: At 69 FR 31710, June 4, 2004, Sec. thnsp;75.52
was added, effective July 6, 2004.
Sec. 75.60 Individuals ineligible to receive assistance.
(a) An individual is ineligible to receive a fellowship,
scholarship, or discretionary grant funded by the Department if the
individual--
(1) Is not current in repaying a debt or is in default, as that term
is used in 34 CFR part 668, on a debt--
(i) Under a program listed in paragraph (b) of this section; or
(ii) To the Federal Government under a nonprocurement transaction;
and
(2) Has not made satisfactory arrangements to repay the debt.
(b) An individual who is not current in repaying a debt, or is in
default, as that term is used in 34 CFR part 668, on a debt under a
fellowship, scholarship, discretionary grant, or loan program, as
included in the following list, and who has not made satisfactory
arrangements to repay the debt, is ineligible under paragraph (a) of
this section:
(1) A grant awarded under the Pell Grant (20 U.S.C. 1070a, et seq.),
National Early Intervention Scholarship and Partnership (NEISP) Program
(20 U.S.C. 1070a-21, et seq.), Supplemental Educational Opportunity
Grant (SEOG) (20 U.S.C. 1070b, et seq.), or State Student Incentive
Grant (SSIG) (20 U.S.C. 1070c, et seq.) program, or a scholarship
awarded under the Robert C. Byrd Honors Scholarship Program (20 U.S.C.
1070d-31, et seq.), a fellowship awarded under the Jacob K. Javits
Fellows Program (20 U.S.C. 1134h-1134k), or a fellowship awarded under
the Patricia Roberts Harris Fellowship Program (20 U.S.C. 1134d-1134f).
(2) A fellowship awarded under the Christa McAuliffe Fellowship
Program (20 U.S.C. 1113-1113e), the Bilingual Education Fellowship
Program (20 U.S.C. 3221-3262), or the Rehabilitation Long-Term Training
Program (29 U.S.C. 774(b)).
(3) A loan made under the Perkins Loan Program (20 U.S.C. 1087aa, et
seq.), the Income Contingent Direct Loan Demonstration Project (20
U.S.C. 1087a, et seq.), the Stafford Loan Program, Supplemental Loans
for Students (SLS), PLUS, or Consolidation Loan Program (20 U.S.C. 1071,
et seq.), or the Cuban Student Loan Program (22 U.S.C. 2601, et seq.).
(4) A scholarship or repayment obligation incurred under the Paul
Douglas Teacher Scholarship Program (20 U.S.C. 1111, et seq.).
(5) A grant, or a loan, made under the Law Enforcement Education
Program (42 U.S.C. 3775).
(6) A stipend awarded under the Indian Fellowship Program (29 U.S.C.
774(b)).
(7) A scholarship awarded under the Teacher Quality Enhancement
Grants Program (20 U.S.C. 1021 et seq.).
(Authority: 20 U.S.C. 1221e-3 and 3474)
[57 FR 30337, July 8, 1992, as amended at 59 FR 24870, May 12, 1994;
65 FR 19609, Apr. 11, 2000]
Sec. 75.61 Certification of eligibility; effect of ineligibility.
(a) An individual who applies for a fellowship, scholarship, or
discretionary grant from the Department shall provide with his or her
application a certification under the penalty of perjury--
(1) That the individual is eligible under Sec. 75.60; and
(2) That the individual has not been debarred or suspended by a
judge under section 5301 of the Anti-Drug Abuse Act of 1988 (21 U.S.C.
853a).
(b) The Secretary specifies the form of the certification required
under paragraph (a) of this section.
(c) The Secretary does not award a fellowship, scholarship, or
discretionary grant to an individual who--
(1) Fails to provide the certification required under paragraph (a)
of this section; or
(2) Is ineligible, based on information available to the Secretary
at the time the award is made.
(d) If a fellowship, scholarship, or discretionary grant is made to
an individual who provided a false certification under paragraph (a) of
this section, the individual is liable for recovery of the funds made
available under the certification, for civil damages or penalties
imposed for false representation, and for criminal prosecution under
18 U.S.C. 1001.
(Authority: 20 U.S.C. 1221e-3 and 3474)
Sec. 75.62 Requirements applicable to entities making certain awards.
(a) An entity that provides a fellowship, scholarship, or
discretionary grant to an individual under a grant from, or an agreement
with, the Secretary shall require the individual who applies for such an
award to provide with his or her application a certification under the
penalty of perjury--
(1) That the individual is eligible under Sec. 75.60; and
(2) That the individual has not been debarred or suspended by a
judge under section 5301 of the Anti-Drug Abuse Act of 1988
(21 U.S.C. 853a).
(b) An entity subject to this section may not award a fellowship,
scholarship, or discretionary grant to an individual if--
(1) The individual fails to provide the certification required under
paragraph (a) of this section; or
(2) The Secretary informs the entity that the individual is
ineligible under Sec. 75.60.
(c) If a fellowship, scholarship, or discretionary grant is made to
an individual who provided a false certification under paragraph (a) of
this section, the individual is liable for recovery of the funds made
available under the certification, for civil damages or penalties
imposed for false representation, and for criminal prosecution under
18 U.S.C. 1001.
(d) The Secretary may require an entity subject to this section to
provide a list of the individuals to whom fellowship, scholarship, or
discretionary grant awards have been made or are proposed to be made by
the entity.
(Authority: 20 U.S.C. 1221e-3 and 3474)
Subpart B [Reserved]
EDGAR version June 23, 2005
