EDGAR Part 76 Subpart E (How a Subgrant is Made to an Applicant)
Subpart E_How a Subgrant Is Made to an Applicant
Sec. 76.400 State procedures for reviewing an application.
A State that receives an application for a subgrant shall take the
following steps:
(a) Review. The State shall review the application.
(b) Approval--entitlement programs. The State shall approve an
application if:
(1) The application is submitted by an applicant that is entitled to
receive a subgrant under the program; and
(2) The applicant meets the requirements of the Federal statutes and
regulations that apply to the program.
(c) Approval--discretionary programs. The State may approve an
application if:
(1) The application is submitted by an eligible applicant under a
program in which the State has the discretion to select subgrantees;
(2) The applicant meets the requirements of the Federal statutes and
regulations that apply to the program; and
(3) The State determines that the project should be funded under the
authorizing statute and implementing regulations for the program.
(d) Disapproval--entitlement and discretionary programs. If an
application does not meet the requirements of the Federal statutes and
regulations that apply to a program, the State shall not approve the
application.
(Authority: 20 U.S.C. 1221e-3 and 3474)
Sec. 76.401 Disapproval of an application--opportunity for a hearing.
(a) State agency hearing before disapproval. Under the programs
listed in the chart below, the State agency that administers the program
shall provide an applicant with notice and an opportunity for a hearing
before it may disapprove the application.
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Implementing
regulations
Program Authorizing statute Title 34 CFR
Part
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Chapter 1, Program in Local Title I, Chapter 1, 200
Educational Agencies. Elementary and
Secondary Education
Act of 1965, as
amended (20 U.S.C.
2701-2731, 2821-2838,
2851-2854, and 2891-
2901).
Chapter 1, Program for Neglected Title 1, Chapter 1, 203
and Delinquent Children. Elementary and
Secondary Education
Act of 1965, as
amended (20 U.S.C.
2801-2804).
State Grants for Strengthening Title II, Part A, 208
Instruction in Mathematics and Elementary and
Science. Secondary Education
Act of 1965, as
amended (20 U.S.C.
2981-2993).
Federal, State, and Local Title I, Chapter 2, 298
Partnership for Educational Elementary and
Improvement. Secondary Education
Act of 1965, as
amended (20 U.S.C.
2911-2952 and 2971-
2976).
Assistance to States for Education Part B, Individuals 300
of Handicapped Children. with Disabilities
Education Act (except
Section 619) (20
U.S.C. 1411-1420).
Preschool Grants.................. Section 619, 301
Individuals with
Disabilities
Education Act (20
U.S.C. 1419).
Chapter 1, State-Operated or Title 1, Chapter 1, 302
Supported Programs for Elementary and
Handicapped Children. Secondary Education
Act of 1965, as
amended (20 U.S.C.
2791-2795).
Transition Program for Refugee Section 412(d), 538
Children. Immigration and
Naturalization Act (8
U.S.C. 1522(d)).
Emergency Immigrant Education Emergency Immigrant 581
Program. Education Act (20
U.S.C. 3121-3130).
Financial Assistance for Section 711, Higher 617
Construction, Reconstruction, or Education Act of 1965
Renovation of Higher Education (20 U.S.C. 1132b).
Facilities.
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(b) Other programs--hearings not required. Under other programs
covered by this part, a State agency--other than a State educational
agency--is not required to provide an opportunity for a hearing
regarding the agency's disapproval of an application.
(c) If an applicant for a subgrant alleges that any of the following
actions of a State educational agency violates a State or Federal
statute or regulation, the State educational agency and the applicant
shall use the procedures in paragraph (d) of this section:
(1) Disapproval of or failure to approve the application or project
in whole or in part.
(2) Failure to provide funds in amounts in accordance with the
requirements of statutes and regulations.
(d) State educational agency hearing procedures. (1) If the
applicant applied under a program listed in paragraph (a) of this
section, the State educational agency shall provide an opportunity for a
hearing before the agency disapproves the application.
(2) If the applicant applied under a program not listed in paragraph
(a) of this section, the State educational agency shall provide an
opportunity for a hearing either before or after the agency disapproves
the application.
(3) The applicant shall request the hearing within 30 days of the
action of the State educational agency.
(4)(i) Within 30 days after it receives a request, the State
educational agency shall hold a hearing on the record and shall review
its action.
(ii) No later than 10 days after the hearing the agency shall issue
its written ruling, including findings of fact and reasons for the
ruling.
(iii) If the agency determines that its action was contrary to State
or Federal statutes or regulations that govern the applicable program,
the agency shall rescind its action.
(5) If the State educational agency does not rescind its final
action after a review under this paragraph, the applicant may appeal to
the Secretary. The applicant shall file a notice of the appeal with the
Secretary within 20 days after the applicant has been notified by the
State educational agency of the results of the agency's review. If
supported by substantial evidence, findings of fact of the State
educational agency are final.
(6)(i) The Secretary may also issue interim orders to State
educational agencies as he or she may decide are necessary and
appropriate pending appeal or review.
(ii) If the Secretary determines that the action of the State
educational agency was contrary to Federal statutes or regulations that
govern the applicable program, the Secretary issues an order that
requires the State educational agency to take appropriate action.
(7) Each State educational agency shall make available at reasonable
times and places to each applicant all records of the agency pertaining
to any review or appeal the applicant is conducting under this section,
including records of other applicants.
(8) If a State educational agency does not comply with any provision
of this section, or with any order of the Secretary under this section,
the Secretary terminates all assistance to the State educational agency
under the applicable program or issues such other orders as the
Secretary deems appropriate to achieve compliance.
(e) Other State agency hearing procedures. State agencies that are
required to provide a hearing under paragraph (a) of this section--other
than State educational agencies--are not required to use the procedures
in paragraph (d) of this section.
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. 1221e-3, 1231b-2, 3474, and 6511(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; 52
FR 27805, July 24, 1987; 54 FR 21775, May 19, 1989; 55 FR 14816, Apr.
18, 1990; 57 FR 30341, July 8, 1992; 60 FR 46493, Sept. 6, 1995]
EDGAR version June 23, 2005
