EDGAR Part 77 (Definitions That Apply to Department Regulations)
TITLE 34--EDUCATION
PART 77_DEFINITIONS THAT APPLY TO DEPARTMENT REGULATIONS
Sec. 77.1 Definitions that apply to all Department programs.
(a) [Reserved]
(b) Unless a statute or regulation provides otherwise, the following
definitions in part 74 or 80 of this title apply to the regulations in
title 34 of the Code of Federal Regulations. The section of part 74
or 80 that contains the definition is given in parentheses.
Award (Sec. 74.2)
Contract (includes definition of ``Subcontract'') (Sec. 74.2)
(Sec. 80.3)
Equipment (Sec. 74.2) (Sec. 80.3)
Grant (Sec. 80.3)
Personal property (Sec. 74.2)
Project period (Sec. 74.2)
Real property (Sec. 74.2) (Sec. 80.3)
Recipient (Sec. 74.2)
Supplies (Sec. 74.2) (Sec. 80.3)
(c) Unless a statute or regulation provides otherwise, the following
definitions also apply to the regulations in this title:
Acquisition means taking ownership of property, receiving the
property as a gift, entering into a lease-purchase arrangement, or
leasing the property. The term includes processing, delivery, and
installation of property.
Applicant means a party requesting a grant or subgrant under a
program of the Department.
Application means a request for a grant or subgrant under a program
of the Department.
Budget means that recipient's financial plan for carrying out the
project or program.
Budget period means an interval of time into which a project period
is divided for budgetary purposes.
Department means the U.S. Department of Education.
Director of the Institute of Musuem Services means the Director of
the Institute of Museum Services or an officer or employee of the
Institute of Museum Services acting for the Director under a delegation
of authority.
Director of the National Institute of Education means the Director
of the National Institute of Education or an officer or employee of the
National Institute of Education acting for the Director under a
delegation of authority.
ED means the U.S. Department of Education.
EDGAR means the Education Department General Administrative
Regulations (34 CFR parts 74, 75, 76, 77, 79, 80, 81, 82, 85, 86, 97,
98, and 99.)
Elementary school means a day or residential school that provides
elementary education, as determined under State law.
Facilities means one or more structures in one or more locations.
Fiscal year means the Federal fiscal year--a period beginning on
October 1 and ending on the following September 30.
GEPA means The General Education Provisions Act.
Grant period means the period for which funds have been awarded.
Grantee means the legal entity other than a Government subject to 34
CFR part 80 to which a grant is awarded and which is accountable to the
Federal Government for the use of the funds provided. The grantee is the
entire legal entity even if only a particular component of the entity is
designated in the award document. For example, a grant award document
may name as the grantee one school or campus of a university. In this
case, the granting agency usually intends, or actually intends, that the
named component assume primary or sole responsibility for administering
the grant-assisted project or program. Nevertheless, the naming of a
component of a legal entity as the grantee in a grant award document
shall not be construed as relieving the whole legal entity from
accountability to the Federal Government for the use of the funds
provided. (This definition is not intended to affect the eligibility
provision of grant programs in which eligibility is limited to
organizations which may be only components of a legal entity.) The term
``grantee'' does not include any secondary recipients such as
subgrantees, contractors, etc., who may receive funds from a grantee
pursuant to a grant. The definition of ``grantee'' for State, local, and
tribal governments is contained in 34 CFR 80.3.
Local educational agency means:
(a) A public board of education or other public authority legally
constituted within a State for either administrative control of or
direction of, or to perform service functions for, public elementary or
secondary schools in:
(1) A city, county, township, school district, or other political
subdivision of a State; or
(2) Such combination of school districts or counties a State
recognizes as an administrative agency for its public elementary or
secondary schools; or
(b) Any other public institution or agency that has administrative
control and direction of a public elementary or secondary school.
(c) As used in 34 CFR parts 400, 408, 525, 526 and 527 (vocational
education programs), the term also includes any other public institution
or agency that has administrative control and direction of a vocational
education program.
Minor remodeling means minor alterations in a previously completed
building. The term also includes the extension of utility lines, such as
water and electricity, from points beyond the confines of the space in
which the minor remodeling is undertaken but within the confines of the
previously completed building. The term does not include building
construction, stuctural alterations to buildings, building maintenance,
or repairs.
Nonprofit, as applied to an agency, organization, or institution,
means that it is owned and operated by one or more corporations or
associations whose net earnings do not benefit, and cannot lawfully
benefit, any private shareholder or entity.
Nonpublic, as applied to an agency, organization, or institution,
means that the agency, organization, or institution is nonprofit and is
not under Federal or public supervision or control.
Preschool means the educational level from a child's birth to the
time at which the State provides elementary education.
Private, as applied to an agency, organization, or institution,
means that it is not under Federal or public supervision or control.
Project means the activity described in an application.
Public, as applied to an agency, organization, or institution, means
that the agency, organization, or institution is under the
administrative supervision or control of a government other than the
Federal Government.
Secondary school means a day or residential school that provides
secondary education as determined under State law. In the absence of
State law, the Secretary may determine, with respect to that State,
whether the term includes education beyond the twelfth grade.
Secretary means the Secretary of the Department of Education or an
official or employee of the Department acting for the Secretary under a
delegation of authority.
Service function, with respect to a local educational agency:
(a) Means an educational service that is performed by a legal
entity--such as an intermediate agency:
(1)(i) Whose jurisdiction does not extend to the whole State; and
(ii) That is authorized to provide consultative, advisory, or
educational services to public elementary or secondary schools; or
(2) That has regulatory functions over agencies having
administrative control or direction of public elementary or secondary
schools.
(b) The term does not include a service that is performed by a
cultural or educational resource.
State means any of the 50 States, the Commonwealth of Puerto Rico,
the District of Columbia, Guam, American Samoa, the Virgin Islands, the
Northern Mariana Islands, or the Trust Territory of the Pacific Islands.
State educational agency means the State board of education or other
agency or officer primarily responsible for the supervision of public
elementary and secondary schools in a State. In the absence of this
officer or agency, it is an officer or agency designated by the Governor
or State law.
Work of art means an item that is incorporated into facilities
primarily because of its aesthetic value.
(Authority: 20 U.S.C. 1221e-3(a)(1), 2831(a), 2974(b), and 3474)
[45 FR 22529, Apr. 3, 1980, as amended at 45 FR 37442, June 3, 1980.
Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 45 FR 86298,
Dec. 30, 1980; 54 FR 21776, May 19, 1989; 57 FR 30342, July 8, 1992; 59
FR 34739, July 6, 1994; 64 FR 50392, Sept. 16, 1999]
EDGAR version June 23, 2005
