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