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Electronic Code of Federal Regulations

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e-CFR Data is current as of April 16, 2014

TITLE 34—Education

Subtitle A—OFFICE OF THE SECRETARY, DEPARTMENT OF EDUCATION

PART 76—STATE-ADMINISTERED PROGRAMS

rule

Subpart A—GENERAL

Regulations That Apply to State-Administered Programs

§76.1
Programs to which part 76 applies.
§76.2
Exceptions in program regulations to part 76.

Eligibility for a Grant or Subgrant

§76.50
Statutes determine eligibility and whether subgrants are made.
§76.51
A State distributes funds by formula or competition.
§76.52
Eligibility of faith-based organizations for a subgrant.
rule

Subpart B—HOW A STATE APPLIES FOR A GRANT

State Plans and Applications

§76.100
Effect of this subpart.
§76.101
The general State application.
§76.102
Definition of “State plan” for part 76.
§76.103
Multi-year State plans.
§76.104
A State shall include certain certifications in its State plan.
§76.106
State documents are public information.

Consolidated Grant Applications for Insular Areas

§76.125
What is the purpose of these regulations?
§76.126
What regulations apply to the consolidated grant applications for insular areas?
§76.127
What is the purpose of a consolidated grant?
§76.128
What is a consolidated grant?
§76.129
How does a consolidated grant work?
§76.130
How are consolidated grants made?
§76.131
How does an insular area apply for a consolidated grant?
§76.132
What assurances must be in a consolidated grant application?
§76.133
What is the reallocation authority?
§76.134
What is the relationship between consolidated and non-consolidated grants?
§76.135
Are there any requirements for matching funds?
§76.136
Under what programs may consolidated grant funds be spent?
§76.137
How may carryover funds be used under the consolidated grant application?

Amendments

§76.140
Amendments to a State plan.
§76.141
An amendment requires the same procedures as the document being amended.
§76.142
An amendment is approved on the same basis as the document being amended.
rule

Subpart C—HOW A GRANT IS MADE TO A STATE

Approval or Disapproval by the Secretary

§76.201
A State plan must meet all statutory and regulatory requirements.
§76.202
Opportunity for a hearing before a State plan is disapproved.
§76.235
The notification of grant award.

Allotments and Reallotments of Grant Funds

§76.260
Allotments are made under program statute or regulations.
§76.261
Reallotted funds are part of a State's grant.
rule

Subpart D—HOW TO APPLY TO THE STATE FOR A SUBGRANT

§76.300
Contact the State for procedures to follow.
§76.301
Local educational agency general application.
§76.302
The notice to the subgrantee.
§76.303
Joint applications and projects.
§76.304
Subgrantee shall make subgrant application available to the public.
rule

Subpart E—HOW A SUBGRANT IS MADE TO AN APPLICANT

§76.400
State procedures for reviewing an application.
§76.401
Disapproval of an application—opportunity for a hearing.
rule

Subpart F—WHAT CONDITIONS MUST BE MET BY THE STATE AND ITS SUBGRANTEES?

Nondiscrimination

§76.500
Federal statutes and regulations on nondiscrimination.

Allowable Costs

§76.530
General cost principles.
§76.532
Use of funds for religion prohibited.
§76.533
Acquisition of real property; construction.
§76.534
Use of tuition and fees restricted.

Indirect Cost Rates

§76.560
General indirect cost rates; exceptions.
§76.561
Approval of indirect cost rates.
§76.563
Restricted indirect cost rate—programs covered.
§76.564
Restricted indirect cost rate—formula.
§76.565
General management costs—restricted rate.
§76.566
Fixed costs—restricted rate.
§76.567
Other expenditures—restricted rate.
§76.568
Occupancy and space maintenance costs—restricted rate.
§76.569
Using the restricted indirect cost rate.
§76.580
Coordination with other activities.

Evaluation

§76.591
Federal evaluation—cooperation by a grantee.
§76.592
Federal evaluation—satisfying requirement for State or subgrantee evaluation.

Construction

§76.600
Where to find construction regulations.

Participation of Students Enrolled in Private Schools

§76.650
Private schools; purpose of §§76.651-76.662.
§76.651
Responsibility of a State and a subgrantee.
§76.652
Consultation with representatives of private school students.
§76.653
Needs, number of students, and types of services.
§76.654
Benefits for private school students.
§76.655
Level of expenditures for students enrolled in private schools.
§76.656
Information in an application for a subgrant.
§76.657
Separate classes prohibited.
§76.658
Funds not to benefit a private school.
§76.659
Use of public school personnel.
§76.660
Use of private school personnel.
§76.661
Equipment and supplies.
§76.662
Construction.

Procedures for Bypass

§76.670
Applicability and filing requirements.
§76.671
Notice by the Secretary.
§76.672
Bypass procedures.
§76.673
Appointment and functions of a hearing officer.
§76.674
Hearing procedures.
§76.675
Posthearing procedures.
§76.676
Judicial review of a bypass action.
§76.677
Continuation of a bypass.

Other Requirements for Certain Programs

§76.681
Protection of human subjects.
§76.682
Treatment of animals.
§76.683
Health or safety standards for facilities.
rule

Subpart G—WHAT ARE THE ADMINISTRATIVE RESPONSIBILITIES OF THE STATE AND ITS SUBGRANTEES?

General Administrative Responsibilities

§76.700
Compliance with statutes, regulations, State plan, and applications.
§76.701
The State or subgrantee administers or supervises each project.
§76.702
Fiscal control and fund accounting procedures.
§76.703
When a State may begin to obligate funds.
§76.704
New State plan requirements that must be addressed in a State plan.
§76.707
When obligations are made.
§76.708
When certain subgrantees may begin to obligate funds.
§76.709
Funds may be obligated during a “carryover period.”
§76.710
Obligations made during a carryover period are subject to current statutes, regulations, and applications.
§76.711
Requesting funds by CFDA number.

Reports

§76.720
State reporting requirements.
§76.722
Subgrantee reporting requirements.

Records

§76.730
Records related to grant funds.
§76.731
Records related to compliance.

Privacy

§76.740
Protection of and access to student records; student rights in research, experimental programs, and testing.

Use of Funds by States and Subgrantees

§76.760
More than one program may assist a single activity.
§76.761
Federal funds may pay 100 percent of cost.

State Administrative Responsibilities

§76.770
A State shall have procedures to ensure compliance.
§76.783
State educational agency action—subgrantee's opportunity for a hearing.
rule

Subpart H—HOW DOES A STATE OR LOCAL EDUCATIONAL AGENCY ALLOCATE FUNDS TO CHARTER SCHOOLS?

General

§76.785
What is the purpose of this subpart?
§76.786
What entities are governed by this subpart?
§76.787
What definitions apply to this subpart?

Reponsibilities for Notice and Information

§76.788
What are a charter school LEA's responsibilities under this subpart?
§76.789
What are an SEA's responsibilities under this subpart?

Allocation of Funds by State Educational Agencies

§76.791
On what basis does an SEA determine whether a charter school LEA that opens or significantly expands its enrollment is eligible to receive funds under a covered program?
§76.792
How does an SEA allocate funds to eligible charter school LEAs under a covered program in which the SEA awards subgrants on a formula basis?
§76.793
When is an SEA required to allocate funds to a charter school LEA under this subpart?
§76.794
How does an SEA allocate funds to charter school LEAs under a covered program in which the SEA awards subgrants on a discretionary basis?

Adjustments

§76.796
What are the consequences of an SEA allocating more or fewer funds to a charter school LEA under a covered program than the amount for which the charter school LEA is eligible when the charter school LEA actually opens or significantly expands its enrollment?
§76.797
When is an SEA required to make adjustments to allocations under this subpart?

Applicability of This Subpart to Local Educational Agencies

§76.799
Do the requirements in this subpart apply to LEAs?
rule

Subpart I—WHAT PROCEDURES DOES THE SECRETARY USE TO GET COMPLIANCE?

§76.900
Waiver of regulations prohibited.
§76.901
Office of Administrative Law Judges.
§76.902
Judicial review.
§76.910
Cooperation with audits.


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