Education Department General Administrative Regulations (EDGAR)
http://www.ed.gov/policy/fund/reg/edgarReg/edgar.html
Subpart A—General Subpart B—How a State Applies for a Grant Subpart C—How a Grant is Made to a State Subpart D—How to Apply to the State for a Subgrant Subpart E—How a Subgrant is Made to an Applicant Subpart F—What Conditions Must Be Met By the State and
Its Subgrantees? Subpart G—What Are the Administrative Responsibilities
of the State and Its Subgrantees? Subpart H—How Does a State or District Allocate Funds to
Charter Schools? Subpart I—What Procedures Does the Secretary Use to
Get Compliance?
76.1–Definition—State Formula Grant—a program
whose authorizing statute or implementing regulations provide a formula for allocating program funds among eligible states
– Regulations• Program implementation regulations, if available • Authorizing statute consistent with General
Education Provisions Act (GEPA)• Regulations in 34 Part 76
– Applies to all state-administered ED programs
76.2—Exceptions to this part◦ Will be identified in the implementing regulations
of individual programs◦ If not identified in program’s implementing
regulations, 34 CFR provisions apply
76.50—Eligibility◦ ED Secretary makes grant to appropriate state
agency (usually OSPI)◦ Authorizing statute determines extent
Grant used directly by OSPI Passed to eligible districts
76.52—Distribution (competitive, formula, or both)◦ Dictated by program statute
76.52—Eligibility of faith-based organizations◦ Apply for and receives on same basis with other
private organizations◦ State may not discriminate (same basis)
Religious activities must be offered at separate time/location
• 76.300—Contact State for Procedures–Most are available in iGrants
• 76.301—District Application (iGrants)–Must meet section 422 of General Education
Provisions Act (GEPA)• 76.302—Notice to districts– Amount-iGrants– Period of obligation-iGrants– Requirements of grant
76.303—Joint applications and projects◦ If permitted by state◦ May not exceed formula amount for those
included◦ Follow requirements◦ Accounting system must permit identification of
costs of grant
76.304—District to make application available to public (includes private schools)◦ Includes
Application Evaluation Periodic program plan Report related to program
• 76.400—State procedures for reviewing an application–OSPI must review applications– Entitlement programs approved if• Applicant eligible, AND• Meets federal requirements and statues of program
–Discretionary programs approved if• Applicant eligible• Applicant meets federal statutes and regulations• State determines project submitted should be funded
• 76.401—Disapproval of application—opportunity for hearing– Programs for which district may request hearing
before state disapproves application• Title I, Part A• Title I, Part D• Title II, Part A• IDEA, Part B• IDEA, Section 619• Title III
• 76.500—Federal statutes and regulations on nondiscrimination–Must comply with • Nondiscrimination on the basis of race, color or
national origin (34 CFR Section 100)• Nondiscrimination on the basis of sex (34 CFR
section 106)• Nondiscrimination on the basis of handicap (34 CFR
section 104)• Nondiscrimination on the basis of age (34 CFR
section 90)
76.530—General cost principles◦ 34 CFR 74.27 and 34◦ 34 CFR 80.22
76.532—Prohibits using funds for religion ◦ Specifically prohibited
Religious worship, instruction, proselytization Equipment or supplies for above Construction, remodeling, repair, operation, or
maintenance of facilities used for above purposes
76.533—Acquistion of real property; construction◦ Not allowed unless specifically permitted by
authorizing statute or implementing regulations 76.534—Tuition and fees
◦ May not be used to meet matching, cost sharing or maintenance of effort requirements of a program
76.560-.561—Indirect cost rates◦ Governed by 34 CFR Section 80.22 which
specifies OMB Circular A-87 should be followed◦ Must have current indirect cost rate agreement to
charge indirect costs to a grant School Apportionment and Financial Services has
such an agreement and calculates these on behalf of districts based F-196
Incorporated into iGrants
76.563—Restricted indirect cost rate◦ Must be used for all programs with statutory
requirement prohibiting use of federal funds to supplant non-federal funds
76.564-569—Formula for indirect cost rate◦ SAFS computes this based upon data in the F-196◦ See also Accounting, Budgeting and Financial
Reporting at http://www.k12.wa.us/safs/INS/ABF/0708/BP5.pdf
76.580—Coordination with other activities◦ Coordinate each project with other activities that are
in the same geographic area served by the project and that serve similar purposes and target groups
76.591-.592—Districts to cooperate during federal evaluations
76.600—Construction regulations◦ Must be followed if authorizing statute permits use
of funds for this purpose
Private School Participation [76.650-.677]
76.650—Private school participation◦ Follow if authorizing statute requires
76.651—Responsibilities◦ Equitable participation◦ District retains administrative direction and
control over funds and property used to benefit private school students
76.652—Consultation with Private Schools◦ Consult with representatives of students during all
phases of development and design of program and provide a genuine opportunity for input. Include- Which children will receive benefits How needs of children identified What benefits provided How benefits provided How program evaluated
76.653—Needs, number of students, and types of services◦ Comparable to public school students
76.654—Benefits for private school students◦ Comparable in quality, scope, and opportunity to
participate
76.656—Level of expenditures for private school students◦ Same average amount
76.656—Application requirements◦ Description of services provided to private schools◦ Number of private school students eligible◦ Number of private school students served◦ Basis of selection◦ Places and times of services◦ Differences between services in private and public
schools and reasons for differences
76.657—Separate classes prohibited◦ If at same site and contain both public and private
school students 76.658—Funds not to benefit private
school◦ Cannot finance existing level of instruction or
benefit private school◦ Program to meet specific needs of eligible
students
76.659—Use of public school personnel◦ May be used to provide equitable program
benefits to private school students only if not normally provided by private school
76.660—Use of private school personnel◦ May use program funds only if services performed
outside regular hours of duty and under the public school supervision and control
76.661—Equipment and supplies◦ If permitted by program, public school keeps title◦ Placed only for time needed for program◦ Used only for program◦ Can be removed without remodeling◦ Removed if no longer needed for program or
needed or to prohibit use for other than program purposes
76.662—Construction◦ Program funds cannot be used for construction of
private school facilities
76.670-.677—Bypass
76.681—Protection of human subjects
76.682—Treatment of animals
76.683—Facility health or safety standards
76.700—Comply with statutes, regulations, state plan and applications
76.701—State administers and supervises 76.702—Fiscal control and fund
accounting procedures◦ Must insure proper disbursement and accounting
76.703—When State may obligate funds 76.704—State plans
76.707—When obligations are madeIf the obligation is for When obligated
Personal services by employee
When services performed
Non-employee services Date of written commitment
Non-personal service work
Date of written commitment
Public utility services When services received
Travel When travel taken
Rental of real or personal property
When property used
Real or personal property penal property
Date of written commitment
76.708—When obligation of funds begins◦ Formula grants, later of
Date state may begin obligation Date application submitted in substantially
approvable form Subject to final approval of application State may approve pre-agreement costs
76.709—Obligation during carryover period◦ Funds not used during year for which
appropriated or carryover period shall be returned to the federal government
76.710—Obligations during carryover period subject to statutes, regulations and applications
76.711—Identification by CFDA number◦ Catalog of Federal Domestic Assistance
76.720—State financial and performance reports
76.722—District reports required by OSPI◦ OSPI may require district to submit reports to
enable the agency to meet its reporting responsibilities
76.730—Records related to grant funds◦ Must keep records that show
Amount of grant funds Use of grant funds Total cost of program Share of program cost from other sources Other records to facilitate an effective audit
76.731—Records related to compliance◦ Must keep records showing program compliance
76.740—Protection of and access to student records; student rights in research, experimental programs and testing◦ Records governed under GEPA section 438; 34
CFR part 99◦ Research, testing and experimentation governed
under GEPA section 439; 34 CFR part 98
76.760—Single activity may be supported by more than one program◦ If district complies with requirement of each
program and state has an accounting system the permits identification of costs paid for under each program
76.761—Federal funds may pay 100% of costs◦ If no matching of funds is required and authorizing
statute and implementing regulations permit
76.770—State shall have procedures to ensure compliance◦ Reviewing and approving applications and any
amendments◦ Providing technical assistance◦ Evaluating ◦ Other as necessary to ensure compliance
76.783—District may request hearing