§ 75.684 Day care services.

(a) If a grantee uses program funds to provide day care services, the grantee shall comply with the requirements in 45 CFR Part 71.

(b) The Secretary may waive this requirement by publication of a notice in the FEDERAL REGISTER.

(Authority: 20 U.S.C. 1221e-3(a)(1))

8 75.690 Energy conservation awareness. To the extent that it is consistent with the statute and regulations for any program, the grantee shall consider incorporating into its program a component on energy awareness. This component may include study of the problems, solutions, and alternatives relating to the Nation's energy crisis. (Authority: 42 U.S.C. 8373(b); E.O. No. 12185)

[45 FR 58013, Aug. 29, 1980. Redesignated at 45 FR 77368; Nov. 21, 1980]

Subpart F-What Are the Administrative Responsibilities of a Grantee?

GENERAL ADMINISTRATIVE

RESPONSIBILITIES

§ 75.700 Compliance with statutes, regulations, and applications.

A grantee shall comply with applicable statutes, regulations, and approved applications, and shal! use Federal funds in accordance with those statutes, regulations, and applications. (Authority: 20 U.S.C. 1221e-3(a)(1))

8 75.701 The grantee administers or supervises the project.

A grantee shall directly administer or supervise the administration of the project.

(Authority: 20 U.S.C. 1221e-3(a)(1))

§ 75.702 Fiscal control and fund accounting procedures.

A grantee shall use fiscal control and fund accounting procedures that insure proper disbursement of and accounting for Federal funds.

(Authority: 20 U.S.C. 1221e-3(a)(1))

CROSS-REFERENCE. See 34 CFR Part 74, Subpart B-Cash Depositories, Subpart H

§ 75.708 Prohibition of subgrants.

(a) A grantee may not make a subgrant under a program covered by this part unless specifically authorized by statute.

(b) A grantee may contract for supplies, equipment, construction, and other services, in accordance with 34 CFR Part 74, Subpart P-Procurement Standards.

(Authority: 20 U.S.C. 1221e-3(a)(1))

[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, and amended at 52 FR 27804, July 24, 1987]

REPORTS

CROSS-REFERENCE. See 34 CFR Part 74, Subpart I-Financial Reporting Requirements, and Subpart J-Monitoring and Reporting of Program Performance.

§ 75.720 Financial and performance reports.

(a) This section applies to the reports required under 34 CFR Part 74, Subpart I (financial reporting) and Subpart J (performance reporting).

(b) A grantee shall submit these reports annually, unless the Secretary allows less frequent reporting. However, the Secretary may require a grantee of the National Institute of Education to submit performance reports more often than annually.

(c) The Secretary may, under 34 CFR 74.7 (Special grant or subgrant conditions) or 34 CFR 74.72(e) (Grantee accounting systems), require a grantee to report more frequently than annually.

(Approved by the Office of Management and Budget under control number 18800513)

(Authority: 20 U.S.C. 1221e-3(a)(1))

[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, and amended at 45 FR 86297, Dec. 30, 1980, as amended at 53 FR 49143, Dec. 6, 1988]

RECORDS

CROSS-REFERENCE. See 34 CFR Part 74, Subpart D-Retention and Access Requirements for Records.

§ 75.730 Records related to grant funds. A grantee shall keep records that fully show:

(a) The amount of funds under the grant;

(b) How the grantee uses the funds; (c) The total cost of the project; (d) The share of that cost provided from other sources; and

(e) Other records to facilitate an effective audit.

(Approved by the Office of Management and Budget under control number 18800513)

(Authority: 20 U.S.C. 1232f)

[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980 and amended at 53 FR 49143, Dec. 6, 1988]

§ 75.731 Records related to compliance.

A grantee shall keep records to show its compliance with program requirements.

(Authority: 20 U.S.C. 1221e-3(a)(1))

§ 75.732 Records related to performance. (a) A grantee shall keep records of significant project experiences and results.

(b) The grantee shall use the records under paragraph (a) to:

(1) Determine progress in accomplishing project objectives; and

(2) Revise those objectives, if necessary.

(Approved by the Office of Management and Budget under control number 18800513)

(Authority: 20 U.S.C. 1221e-3(a)(1))

CROSS-REFERENCE. See 34 CFR 74.103 (b) and (c)-Procedures for revising objectives. [45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980 and amended at 53 FR 49143, Dec. 6, 1988]

§ 75.733 [Reserved]

§ 75.734 Record retention period.

Unless a longer period is required under 34 CFR Part 74, a grantee shall retain records for five years after the completion of the activity for which it uses grant funds.

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. 1232f(a))

[45 FR 22497, Apr. 3, 1980. Redesignated at 34 FR 77368, Nov. 21, 1980, and amended at 45 FR 86296, Dec. 30, 1980]

CROSS-REFERENCE. See 34 CFR Part 74.21Length of retention period; and 74.22 Starting date of retention period.

PRIVACY

875.740 Protection of and access to stu

dent records.

Most records on present or past students are subject to the requirements of Section 438 of GEPA and its implementing regulations in 34 CFR Part 99. (Section 438 is the Family Educational Rights and Privacy Act of 1974.) (Authority: 20 U.S.C. 1231(g))

DATA COLLECTION BY A GRANTEE

875.750 Approval of data collection in

struments.

(a) The Department is the sponsor of the data collection activity of a grantee in any of the following circumstances:

(1) The grantee represents to respondents that the data is being collected for or in association with the Department. This does not include acknowledgment of the assistance the grantee received under the grant.

(2) The grantee uses the data collection instrument to collect data that the Department has requested for the planning, operation, or evaluation of an Education Department Federal program.

(3) The grant provides for Department approval of the survey design, content of the instrument, or data collection procedures.

(4) The grant provides for:

(i) The grantee to submit data on individual respondents; or

(ii) The grantee to prepare and submit tabulations of the data requested by the Department.

(b) If the Education Divison sponsors a data collection activity of a grantee, the data collection instruments to be used by the grantee are subject to review under either:

(1) The paperwork control requirements of Section 400A of GEPA (the Federal Education Data Acquisition Council (FEDAC) procedures); or

(2) The requirements under OMB Circular A-40.

(c) The FEDAC procedures apply to a data collection activity sponsored by the Department if:

(1) The respondents are primarily educational agencies or institutions; and

(2) The purpose of the activity is to get information needed for:

(i) The management of Federal educational programs;

(ii) The development of policy related to those programs; or

(iii) Research or evaluation studies related to the implementation of those programs.

(Authority: 20 U.S.C. 1221-3; 1221e-3(a)(1)) CROSS-REFERENCE. See the FEDAC procedures published in the FEDERAL REGISTER ON August 8, 1979 (44 FR 46535).

§ 75.751 Procedures if approval is required.

If approval of a data collection instrument is required under the FEDAC procedures or under OMB Circular A-40, the grantee shall submit an original and four copies of each of the following to the Secretary:

(a) The proposed data collection instrument.

(b) A completed OMB Standard Form 83.

(c) The supporting statement required in the "Instructions for Requesting OMB Approval under the Federal Reports Act," as described in standard form 83A.

(d) Supplementary information required by FEDAC under the procedures published in the FEDERAL REGISTER on August 8, 1979 (44 FR 46535). (Authority: 20 U.S.C. 1221-3; 1221e-3(a)(1))

§ 75.752 Responsibility for data collection.

Unless FEDAC or the OMB approves a data collection instrument, the grantee may not in any way represent or imply that the data is being collected by or for the Federal Government. This does not preclude the grantee from acknowledging the assistance it received under the grant.

(Authority: 20 U.S.C. 1221e-3(a)(1))

§ 75.753 Confidentiality of response.

In using data collection instruments, a grantee shall provide for anonymity and confidentiality of responses from individuals.

(Authority: 20 U.S.C. 1221-3; 1221e-3(a)(1))

875.754 Exemption from coverage.

The regulations in §§ 75.750-75.753 do not apply to data collection instruments that are solely:

(a) Tests or examinations to determine knowledge, ability, or aptitude of individuals; or

(b) Instruments to collect data for identification or classification in connection with those tests or examinations.

(Authority: 20 U.S.C. 1221-3; 1221e-3(a)(1)) § 75.755 Definitions used in 88 75.75075.754.

As used in §§ 75.750-75.754:

"Data collection instrument" means a report form, application form, schedule, questionnaire, or similar instrument for getting answers to identical questions from ten or more respondents.

"Respondent" is an individual or organization from whom a grantee collects information either directly or indirectly.

(Authority: 20 U.S.C. 1221e-3(a)(1))

Subpart G-What Procedures Does the Department Use To Get Compliance?

CROSS-REFERENCE. See 34 CFR Part 74, Subpart M-Grant and Subgrant Closeout, Suspension, and Termination.

§ 75.900 Waiver of regulations prohibited. (a) No official, agent, or employee of ED may waive any regulation that applies to a Department program, unless the regulation specifically provides that it may be waived.

(b) No act or failure to act by an official, agent, or employee of ED can affect the authority of the Secretary to enforce regulations.

(Authority: 43 Dec. Comp. Gen. 31 (1963))

§ 75.901 Suspension and termination. (a) [Reserved]

(b) The Secretary may use the Education Appeal Board to resolve disputes that are not subject to other procedures. Cross-reference: See the following sections in Part 74:

(1) Section 74.113 (Violation of terms).

(a) The date of delivery to the grantee of the notice of termination;

(b) The termination date given in the notice of termination; or

(c) The date of a final decision of the Secretary under Part 78 of this title.

(Authority: 20 U.S.C. 1221e-3(a)(1); 20 U.S.C. 3474)

[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, and amended at 45 FR 86298, Dec. 30, 1980]

§ 75.910 Cooperation with audits.

A grantee shall cooperate with the Secretary and the Comptroller General of the United States or any of their authorized representatives in the conduct of audits authorized by Federal law. This cooperation includes access without unreasonable restrictions to records and personnel of the grantee for the purpose of obtaining relevant information.

(Authority: 5 U.S.C. Appendix 3, Sections 4(a)(1), 4(b)(1)(A), and 6(a)(1); 20 U.S.C. 1221e-3(a)(1), 1232f)

[54 FR 21775, May 19, 1989]

Sec.

76.3 ED general grant regulations apply to these programs.

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.

Subpart 3-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 Three-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 are the purposes 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.