EDGAR Part 76 Subpart F (What Conditions Must Be Met by the State and Its Subgrantees?)
Subpart F_What Conditions Must Be Met by the State and Its Subgrantees?
Nondiscrimination
Sec. 76.500 Federal statutes and regulations on nondiscrimination.
A State and a subgrantee shall comply with the following statutes
and regulations:
------------------------------------------------------------------------
Subject Statute Regulation
------------------------------------------------------------------------
Discrimination on the basis of Title VI of the 34 CFR part 100.
race, color, or national origin. Civil Rights Act
of 1964 (45
U.S.C. 2000d
through 2000d-4).
Discrimination on the basis of Title IX of the 34 CFR part 106.
sex. Education
Amendments of
1972 (20 U.S.C.
1681-1683).
Discrimination on the basis of Section 504 of the 34 CFR part 104.
handicap. Rehabilitation
Act of 1973 (29
U.S.C. 794).
Discrimination on the basis of The Age 45 CFR part 90.
age. Discrimination
Act (42 U.S.C.
6101 et seq.).
------------------------------------------------------------------------
(Authority: 20 U.S.C. 1221e-3, 3474, and 6511(a))
Allowable Costs
Sec. 76.530 General cost principles.
Both 34 CFR 74.27 and 34 CFR 80.22 reference the general cost
principles that apply to grants, subgrants and cost type contracts under
grants and subgrants.
(Authority: 20 U.S.C. 1221e-3, 3474 and 6511(a))
[64 FR 50392, Sept. 16, 1999]
Sec. 76.532 Use of funds for religion prohibited.
(a) No State or subgrantee may use its grant or subgrant to pay for
any of the following:
(1) Religious worship, instruction, or proselytization.
(2) Equipment or supplies to be used for any of the activities
specified in paragraph (a)(1) of this section.
(3) Construction, remodeling, repair, operation, or maintenance of
any facility or part of a facility to be used for any of the activities
specified in paragraph (a)(1) of this section.
(4) An activity of a school or department of divinity.
(b) As used in this section, school or department of divinity means
an institution or a component of an institution whose program is
specifically for the education of students to:
(1) Prepare them to enter into a religious vocation; or
(2) Prepare them to teach theological subjects.
(Authority: 20 U.S.C. 1221e-3, 3474, and 6511(a))
Effective Date Note: At 69 FR 31711, June 4, 2004, Sec. thnsp;76.532
was amended by removing paragraphs (a)(3) and (a)(4); and removing and
reserving paragraph (b), effective July 6, 2004.
Sec. 76.533 Acquistion of real property; construction.
No State or subgrantee may use its grant or subgrant for acquisition
of real property or for construction unless specifically permitted by
the authorizing statute or implementing regulations for the program.
(Authority: 20 U.S.C. 1221e-3, 3474, and 6511(a))
Sec. 76.534 Use of tuition and fees restricted.
No State or subgrantee may count tuition and fees collected from
students toward meeting matching, cost sharing, or maintenance of effort
requirements of a program.
(Authority: 20 U.S.C. 1221e-3, 3474, and 6511(a))
Indirect Cost Rates
Sec. 76.560 General indirect cost rates; exceptions.
(a) The differences between direct and indirect costs and the
principles for determining the general indirect cost rate that a grantee
may use for grants under most programs are specified in the cost
principles for--
(1) Institutions of higher education, at 34 CFR 74.27;
(2) Hospitals, at 34 CFR 74.27;
(3) Other nonprofit organizations, at 34 CFR 74.27;
(4) Commercial (for-profit) organizations, at 34 CFR 74.27; and
(5) State and local governments and federally-recognized Indian
tribal organizations, at 34 CFR 80.22.
(b) A grantee must have a current indirect cost rate agreement to
charge indirect costs to a grant. To obtain an indirect cost rate, a
grantee must submit an indirect cost proposal to its cognizant agency
and negotiate an indirect cost rate agreement.
(c) The Secretary may establish a temporary indirect cost rate for a
grantee that does not have an indirect cost rate agreement with its
cognizant agency.
(d) The Secretary accepts an indirect cost rate negotiated by a
grantee's cognizant agency, but may establish a restricted indirect cost
rate for a grantee to satisfy the statutory requirements of certain
programs administered by the Department.
(Authority: 20 U.S.C. 1221e-3, 3474, and 6511(a))
[57 FR 30341, July 8, 1992, as amended at 59 FR 59582, Nov. 17, 1994]
Sec. 76.561 Approval of indirect cost rates.
(a) If the Department of Education is the cognizant agency, the
Secretary approves an indirect cost rate for a State agency and for a
subgrantee other than a local educational agency. For the purposes of
this section, the term local educational agency does not include a State
agency.
(b) Each State educational agency, on the basis of a plan approved
by the Secretary, shall approve an indirect cost rate for each local
educational agency that requests it to do so. These rates may be for
periods longer than a year if rates are sufficiently stable to justify a
longer period.
(c) The Secretary generally approves indirect cost rate agreements
annually. Indirect cost rate agreements may be approved for periods
longer than a year if the Secretary determines that rates will be
sufficiently stable to justify a longer rate period.
(Authority: 20 U.S.C. 1221e-3, 3474, and 6511(a))
[59 FR 59583, Nov. 17, 1994]
Sec. 76.563 Restricted indirect cost rate--programs covered.
Sections 76.564 through 76.569 apply to agencies of State and local
governments that are grantees under programs with a statutory
requirement prohibiting the use of Federal funds to supplant non-Federal
funds, and to their subgrantees under these programs.
(Authority: 20 U.S.C. 1221e-3, 3474, and 6511(a))
[59 FR 59583, Nov. 17, 1994]
Sec. 76.564 Restricted indirect cost rate--formula.
(a) An indirect cost rate for a grant covered by Sec. 76.563 or 34
CFR 75.563 is determined by the following formula:
Restricted indirect cost rate =
(General management costs + Fixed costs) / (Other expenditures)
(b) General management costs, fixed costs, and other expenditures
must be determined under Sec. Sec. 76.565 through 76.567.
(c) Under the programs covered by Sec. 76.563, a subgrantee of an
agency of a State or a local government (as those terms are defined in
34 CFR 80.3) or a grantee subject to 34 CFR 75.563 that is not a State
or local government agency may use--
(1) An indirect cost rate computed under paragraph (a) of this
section; or
(2) An indirect cost rate of eight percent unless the Secretary
determines that the subgrantee or grantee would have a lower rate under
paragraph (a) of this section.
(d) Indirect costs that are unrecovered as a result of these
restrictions may not be charged directly, used to satisfy matching or
cost-sharing requirements, or charged to another Federal award.
(Authority: 20 U.S.C. 1221e-3(a)(1), 2831(a), 2974(b), and 3474)
[59 FR 59583, Nov. 17, 1994]
Sec. 76.565 General management costs--restricted rate.
(a) As used in Sec. 76.564, general management costs means the
costs of activities that are for the direction and control of the
grantee's affairs that are organization-wide. An activity is not
organization-wide if it is limited to one activity, one component of the
grantee, one subject, one phase of operations, or other single
responsibility.
(b) General management costs include the costs of performing a
service function, such as accounting, payroll preparation, or personnel
management, that is normally at the grantee's level even if the function
is physically located elsewhere for convenience or better management.
The term also includes certain occupancy and space maintenance costs as
determined under Sec. 76.568.
(c) The term does not include expenditures for--
(1) Divisional administration that is limited to one component of
the grantee;
(2) The governing body of the grantee;
(3) Compensation of the chief executive officer of the grantee;
(4) Compensation of the chief executive officer of any component of
the grantee; and
(5) Operation of the immediate offices of these officers.
(d) For purposes of this section--
(1) The chief executive officer of the grantee is the individual who
is the head of the executive office of the grantee and exercises overall
responsibility for the operation and management of the organization. The
chief executive officer's immediate office includes any deputy chief
executive officer or similar officer along with immediate support staff
of these individuals. The term does not include the governing body of
the grantee, such as a board or a similar elected or appointed governing
body; and
(2) Components of the grantee are those organizational units
supervised directly or indirectly by the chief executive officer. These
organizational units generally exist one management level below the
executive office of the grantee. The term does not include the office of
the chief executive officer or a deputy chief executive officer or
similar position.
(Authority: 20 U.S.C. 1221e-3(a)(1), 2831(a), 2974(b), and 3474)
[59 FR 59583, Nov. 17, 1994]
Sec. 76.566 Fixed costs--restricted rate.
As used in Sec. 76.564, fixed costs means contributions of the
grantee to fringe benefits and similar costs, but only those associated
with salaries and wages that are charged as indirect costs, including--
(a) Retirement, including State, county, or local retirement funds,
Social Security, and pension payments;
(b) Unemployment compensation payments; and
(c) Property, employee, health, and liability insurance.
(Authority: 20 U.S.C. 1221e-3(a)(1), 2831(a), 2974(b), and 3474)
[59 FR 59583, Nov. 17, 1994]
Sec. 76.567 Other expenditures--restricted rate.
(a) As used in Sec. 76.564, other expenditures means the grantee's
total expenditures for its federally- and non-federally-funded
activities in the most recent year for which data are available. The
term also includes direct occupancy and space maintenance costs as
determined under Sec. 76.568 and costs related to the chief executive
officers of the grantee and components of the grantee and their offices
(see Sec. 76.565(c) and (d)).
(b) The term does not include--
(1) General management costs determined under Sec. 76.565;
(2) Fixed costs determined under Sec. 76.566;
(3) Subgrants;
(4) Capital outlay;
(5) Debt service;
(6) Fines and penalties;
(7) Contingencies; and
(8) Election expenses. However, the term does include election
expenses that result from elections required by an applicable Federal
statute.
(Authority: 20 U.S.C. 1221e-3(a)(1), 2831(a), 2974(b), and 3474)
[59 FR 59583, Nov. 17, 1994]
Sec. 76.568 Occupancy and space maintenance costs--restricted rate.
(a) As used in the calculation of a restricted indirect cost rate,
occupancy and space maintenance costs means such costs as--
(1) Building costs whether owned or rented;
(2) Janitorial services and supplies;
(3) Building, grounds, and parking lot maintenance;
(4) Guard services;
(5) Light, heat, and power;
(6) Depreciation, use allowances, and amortization; and
(7) All other related space costs.
(b) Occupancy and space maintenance costs associated with
organization-wide service functions (accounting, payroll, personnel) may
be included as general management costs if a space allocation or use
study supports the allocation.
(c) Occupancy and space maintenance costs associated with functions
that are not organization-wide must be included with other expenditures
in the indirect cost formula. These costs may be charged directly to
affected programs only to the extent that statutory supplanting
prohibitions are not violated. This reimbursement must be approved in
advance by the Secretary.
(Authority: 20 U.S.C. 1221e-3(a)(1), 2831(a), 2974(b), and 3474)
[59 FR 59584, Nov. 17, 1994]
Sec. 76.569 Using the restricted indirect cost rate.
(a) Under the programs referenced in Sec. 76.563, the maximum
amount of indirect costs under a grant is determined by the following
formula:
Indirect costs=(Restricted indirect cost rate)x(Total direct costs of
the grant minus capital outlays, subgrants, and other distorting or
unallowable items as specified in the grantee's indirect cost rate
agreement)
(b) If a grantee uses a restricted indirect cost rate, the general
management and fixed costs covered by that rate must be excluded by the
grantee from the direct costs it charges to the grant.
(Authority: 20 U.S.C. 1221e-3(a)(1), 2831(a), 2974(b), and 3474)
[59 FR 59584, Nov. 17, 1994]
Sec. 76.580 Coordination with other activities.
A State and a subgrantee shall, to the extent possible, coordinate
each of its projects with other activities that are in the same
geographic area served by the project and that serve similar purposes
and target groups.
(Authority: 20 U.S.C. 1221e-3, 2890, and 3474)
[45 FR 22517, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980,
as amended at 57 FR 30341, July 8, 1992]
Evaluation
Sec. 76.591 Federal evaluation--cooperation by a grantee.
A grantee shall cooperate in any evaluation of the program by the
Secretary.
(Authority: 20 U.S.C. 1221e-3, 1226c, 1231a, 3474, and 6511(a))
[45 FR 86298, Dec. 30, 1980, as amended at 57 FR 30341, July 8, 1992]
Sec. 76.592 Federal evaluation--satisfying requirement for State or
subgrantee evaluation.
If a State or a subgrantee cooperates in a Federal evaluation of a
program, the Secretary may determine that the State or subgrantee meets
the evaluation requirements of the program.
(Authority: 20 U.S.C. 1226c; 1231a)
Construction
Sec. 76.600 Where to find construction regulations.
(a) A State or a subgrantee that requests program funds for
construction, or whose grant or subgrant includes funds for
construction, shall comply with the rules on construction that apply to
applicants and grantees under 34 CFR 75.600-75.617.
(b) The State shall perform the functions that the Secretary
performs under Sec. Sec. 75.602 (Preservation of historic sites) and
75.605 (Approval of drawings and specifications) of this title.
(c) The State shall provide to the Secretary the information
required under 34 CFR 75.602(a) (Preservation of historic sites).
(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 86298, Dec. 30, 1980; 57 FR 30341, July 8, 1992]
Participation of Students Enrolled in Private Schools
Sec. 76.650 Private schools; purpose of Sec. Sec. 76.651-76.662.
(a) Under some programs, the authorizing statute requires that a
State and its subgrantees provide for participation by students enrolled
in private schools. Sections 76.651-76.662 apply to those programs and
provide rules for that participation. These sections do not affect the
authority of the State or a subgrantee to enter into a contract with a
private party.
(b) If any other rules for participation of students enrolled in
private schools apply under a particular program, they are in the
authorizing statute or implementing regulations for that program.
(Authority: 20 U.S.C. 1221e-3 and 3474)
Note: Some program statutes authorize the Secretary--under certain
circumstances--to provide benefits directly to private school students.
These ``bypass'' provisions--where they apply--are implemented in the
individual program regulations.
Sec. 76.651 Responsibility of a State and a subgrantee.
(a)(1) A subgrantee shall provide students enrolled in private
schools with a genuine opportunity for equitable participation in
accordance with the requirements in Sec. Sec. 76.652-76.662 and in the
authorizing statute and implementing regulations for a program.
(2) The subgrantee shall provide that opportunity to participate in
a manner that is consistent with the number of eligible private school
students and their needs.
(3) The subgrantee shall maintain continuing administrative
direction and control over funds and property that benefit students
enrolled in private schools.
(b)(1) A State shall ensure that each subgrantee complies with the
requirements in Sec. Sec. 76.651-76.662.
(2) If a State carries out a project directly, it shall comply with
these requirements as if it were a subgrantee.
(Authority: 20 U.S.C. 1221e-3 and 3474)
Sec. 76.652 Consultation with representatives of private school
students.
(a) An applicant for a subgrant shall consult with appropriate
representatives of students enrolled in private schools during all
phases of the development and design of the project covered by the
application, including consideration of:
(1) Which children will receive benefits under the project;
(2) How the children's needs will be identified;
(3) What benefits will be provided;
(4) How the benefits will be provided; and
(5) How the project will be evaluated.
(b) A subgrantee shall consult with appropriate representatives of
students enrolled in private schools before the subgrantee makes any
decision that affects the opportunities of those students to participate
in the project.
(c) The applicant or subgrantee shall give the appropriate
representatives a genuine opportunity to express their views regarding
each matter subject to the consultation requirements in this section.
(Authority: 20 U.S.C. 1221e-3 and 3474)
Sec. 76.653 Needs, number of students, and types of services.
A subgrantee shall determine the following matters on a basis
comparable to that used by the subgrantee in providing for participation
of public school students:
(a) The needs of students enrolled in private schools.
(b) The number of those students who will participate in a project.
(c) The benefits that the subgrantee will provide under the program
to those students.
(Authority: 20 U.S.C. 1221e-3 and 3474)
Sec. 76.654 Benefits for private school students.
(a) Comparable benefits. The program benefits that a subgrantee
provides for students enrolled in private schools must be comparable in
quality, scope, and opportunity for participation to the program
benefits that the subgrantee provides for students enrolled in public
schools.
(b) Same benefits. If a subgrantee uses funds under a program for
public school students in a particular attendance area, or grade or age
level, the subgrantee shall insure equitable opportunities for
participation by students enrolled in private schools who:
(1) Have the same needs as the public school students to be served;
and
(2) Are in that group, attendance area, or age or grade level.
(c) Different benefits. If the needs of students enrolled in private
schools are different from the needs of students enrolled in public
schools, a subgrantee shall provide program benefits for the private
school students that are different from the benefits the subgrantee
provides for the public school students.
(Authority: 20 U.S.C. 1221e-3 and 3474)
Sec. 76.655 Level of expenditures for students enrolled in private
schools.
(a) Subject to paragraph (b) of this section, a subgrantee shall
spend the same average amount of program funds on:
(1) A student enrolled in a private school who receives benefits
under the program; and
(2) A student enrolled in a public school who receives benefits
under the program.
(b) The subgrantee shall spend a different average amount on program
benefits for students enrolled in private schools if the average cost of
meeting the needs of those students is different from the average cost
of meeting the needs of students enrolled in public schools.
(Authority: 20 U.S.C. 1221e-3 and 3474)
Sec. 76.656 Information in an application for a subgrant.
An applicant for a subgrant shall include the following information
in its application:
(a) A description of how the applicant will meet the Federal
requirements for participation of students enrolled in private schools.
(b) The number of students enrolled in private schools who have been
identified as eligible to benefits under the program.
(c) The number of students enrolled in private schools who will
receive benefits under the program.
(d) The basis the applicant used to select the students.
(e) The manner and extent to which the applicant complied with Sec.
76.652 (consultation).
(f) The places and times that the students will receive benefits
under the program.
(g) The differences, if any, between the program benefits the
applicant will provide to public and private school students, and the
reasons for the differences.
(Authority: 20 U.S.C. 1221e-3 and 3474)
Sec. 76.657 Separate classes prohibited.
A subgrantee may not use program funds for classes that are
organized separately on the basis of school enrollment or religion of
the students if:
(a) The classes are at the same site; and
(b) The classes include students enrolled in public schools and
students enrolled in private schools.
(Authority: 20 U.S.C. 1221e-3 and 3474)
Sec. 76.658 Funds not to benefit a private school.
(a) A subgrantee may not use program funds to finance the existing
level of instruction in a private school or to otherwise benefit the
private school.
(b) The subgrantee shall use program funds to meet the specific
needs of students enrolled in private schools, rather than:
(1) The needs of a private school; or
(2) The general needs of the students enrolled in a private school.
(Authority: 20 U.S.C. 1221e-3 and 3474)
Sec. 76.659 Use of public school personnel.
A subgrantee may use program funds to make public personnel
available in other than public facilities:
(a) To the extent necessary to provide equitable program benefits
designed for students enrolled in a private school; and
(b) If those benefits are not normally provided by the private
school.
(Authority: 20 U.S.C. 1221e-3 and 3474)
Sec. 76.660 Use of private school personnel.
A subgrantee may use program funds to pay for the services of an
employee of a private school if:
(a) The employee performs the services outside of his or her regular
hours of duty; and
(b) The employee performs the services under public supervision and
control.
(Authority: 20 U.S.C. 1221e-3 and 3474)
Sec. 76.661 Equipment and supplies.
(a) Under some program statutes, a public agency must keep title to
and exercise continuing administrative control of all equipment and
supplies that the subgrantee acquires with program funds. This public
agency is usually the subgrantee.
(b) The subgrantee may place equipment and supplies in a private
school for the period of time needed for the project.
(c) The subgrantee shall insure that the equipment or supplies
placed in a private school:
(1) Are used only for the purposes of the project; and
(2) Can be removed from the private school without remodeling the
private school facilities.
(d) The subgrantee shall remove equipment or supplies from a private
school if:
(1) The equipment or supplies are no longer needed for the purposes
of the project; or
(2) Removal is necessary to avoid use of the equipment of supplies
for other than project purposes.
(Authority: 20 U.S.C. 1221e-3 and 3474)
Sec. 76.662 Construction.
A subgrantee shall insure that program funds are not used for the
construction of private school facilities.
(Authority: 20 U.S.C. 1221e-3 and 3474)
Procedures for Bypass
Sec. 76.670 Applicability and filing requirements.
(a) The regulations in Sec. Sec. 76.671 through 76.677 apply to the
following programs under which the Secretary is authorized to waive the
requirements for providing services to private school children and to
implement a bypass:
_________________________________________________________________________
Implementing
CFDA number and name Authorizing statute regulations
of program title 34 CFR
part
_________________________________________________________________________
84.010 Chapter 1 Program Chapter 1, Title I, Elementary 200
in Local Education and Secondary Education Act of
Agencies. 1965, as amended (20 U.S.C.
2701 et seq.).
84.151 Federal, State, Chapter 2, Title I, Elementary 298
and Local Partnership and Secondary Education Act of
for Educational 1965, as amended (20 U.S.C.
Improvement 2911-2952, 2971-2976).
84.164 Mathematics and Title II, Part A, Elementary 208
Science Education and Secondary Education Act of
1965, as amended (20 U.S.C.
2981-2993).
84.186 State and Local Part B, Drug Free Schools and None
Programs. Communities Act of 1986
(20 U.S.C. 3191-3197).
_________________________________________________________________________
(b) Filing requirements. (1) Any written submission under Sec. Sec.
76.671 through 76.675 must be filed by hand-delivery, by mail, or by
facsimile transmission. The Secretary discourages the use of facsimile
transmission for documents longer than five pages.
(2) If agreed upon by the parties, service of a document may be made
upon the other party by facsimile transmission.
(3) The filing date for a written submission is the date the
document is--
(i) Hand-delivered;
(ii) Mailed; or
(iii) Sent by facsimile transmission.
(4) A party filing by facsimile transmission is responsible for
confirming that a complete and legible copy of the document was received
by the Department.
(5) If a document is filed by facsimile transmission, the Secretary
or the hearing officer, as applicable, may require the filing of a
follow-up hard copy by hand-delivery or by mail within a reasonable
period of time.
(Authority: 20 U.S.C. 2727(b), 2972(d)-(e), 2990(c), 3223(c))
[54 FR 21775, May 19, 1989, as amended at 57 FR 56795, Nov. 30, 1992]
Sec. 76.671 Notice by the Secretary.
(a) Before taking any final action to implement a bypass under a
program listed in Sec. 76.670, the Secretary provides the affected
grantee and subgrantee, if appropriate, with written notice.
(b) In the written notice, the Secretary--
(1) States the reasons for the proposed bypass in sufficient detail
to allow the grantee and subgrantee to respond;
(2) Cites the requirement that is the basis for the alleged failure
to comply; and
(3) Advises the grantee and subgrantee that they--
(i) Have at least 45 days after receiving the written notice to
submit written objections to the proposed bypass; and
(ii) May request in writing the opportunity for a hearing to show
cause why the bypass should not be implemented.
(c) The Secretary sends the notice to the grantee and subgrantee by
certified mail with return receipt requested.
(Authority: 20 U.S.C. 2727(b)(4)(A), 2972(h)(1), 2990(c), 3223(c))
[54 FR 21775, May 19, 1989]
Sec. 76.672 Bypass procedures.
Sections 76.673 through 76.675 contain the procedures that the
Secretary uses in conducting a show cause hearing. The hearing officer
may modify the procedures for a particular case if all parties agree the
modification is appropriate.
(Authority: 20 U.S.C. 2727(b)(4)(A), 2972(h)(1), 2990(c), 3223(c))
[54 FR 21776, May 19, 1989]
Sec. 76.673 Appointment and functions of a hearing officer.
(a) If a grantee or subgrantee requests a hearing to show cause why
the Secretary should not implement a bypass, the Secretary appoints a
hearing officer and notifies appropriate representatives of the affected
private school children that they may participate in the hearing.
(b) The hearing officer has no authority to require or conduct
discovery or to rule on the validity of any statute or regulation.
(c) The hearing officer notifies the grantee, subgrantee, and
representatives of the private school children of the time and place of
the hearing.
(Authority: 20 U.S.C. 2727(b)(4)(A), 2972(h)(1), 2990(c), 3223(c))
[54 FR 21776, May 19, 1989]
Sec. 76.674 Hearing procedures.
(a) The following procedures apply to a show cause hearing regarding
implementation of a bypass:
(1) The hearing officer arranges for a transcript to be taken.
(2) The grantee, subgrantee, and representatives of the private
school children each may--
(i) Be represented by legal counsel; and
(ii) Submit oral or written evidence and arguments at the hearing.
(b) Within 10 days after the hearing, the hearing officer--
(1) Indicates that a decision will be issued on the basis of the
existing record; or
(2) Requests further information from the grantee, subgrantee,
representatives of the private school children, or Department officials.
(Authority: 20 U.S.C. 2727(b)(4)(A), 2972(h)(1), 2990(c), 3223(c))
[54 FR 21776, May 19, 1989]
Sec. 76.675 Posthearing procedures.
(a)(1) Within 120 days after the record of a show cause hearing is
closed, the hearing officer issues a written decision on whether a
bypass should be implemented.
(2) The hearing officer sends copies of the decision to the grantee,
subgrantee, representatives of the private school children, and the
Secretary.
(b) Within 30 days after receiving the hearing officer's decision,
the grantee, subgrantee, and representatives of the private school
children may each submit to the Secretary written comments on the
decision.
(c) The Secretary may adopt, reverse, modify, or remand the hearing
officer's decision.
(Authority: 20 U.S.C. 2727(b)(4)(A), 2972(h)(1), 2990(c), 3223(c))
[54 FR 21776, May 19, 1989]
Sec. 76.676 Judicial review of a bypass action.
If a grantee or subgrantee is dissatisfied with the Secretary's
final action after a proceeding under Sec. Sec. 76.672 through 76.675,
it may, within 60 days after receiving notice of that action, file a
petition for review with the United States Court of Appeals for the
circuit in which the State is located.
(Authority: 20 U.S.C. 2727(b)(4)(B)-(D), 2972(h)(2)-(4), 2990(c),
3223(c))
[54 FR 21776, May 19, 1989]
Sec. 76.677 Continuation of a bypass.
The Secretary continues a bypass until the Secretary determines that
the grantee or subgrantee will meet the requirements for providing
services to private school children.
(Authority: 20 U.S.C. 1221e-3, 2727(b)(3)(D), 2972(f), and 3474)
[54 FR 21776, May 19, 1989]
Other Requirements for Certain Programs
Sec. 76.681 Protection of human subjects.
If a State or a subgrantee uses a human subject in a research
project, the State or subgrantee shall protect the person from physical,
psychological, or social injury resulting from the project.
(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 57 FR 30341, July 8, 1992]
Sec. 76.682 Treatment of animals.
If a State or a subgrantee uses an animal in a project, the State or
subgrantee shall provide the animal with proper care and humane
treatment in accordance with the Animal Welfare Act of 1970.
(Authority: Pub. L. 89-544, as amended)
Sec. 76.683 Health or safety standards for facilities.
A State and a subgrantee shall comply with any Federal health or
safety requirements that apply to the facilities that the State or
subgrantee uses for a project.
(Authority: 20 U.S.C. 1221e-3, 3474, and 6511(a))
EDGAR version June 23, 2005
