76.702 Fiscal control and fund accounting procedures.

76.703 When a State may begin to obligate funds.

76.704 When certain subgrantees may begin to obligate funds.

76.705 Funds may be obligated during a "carryover period."

76.706 Obligations made during a carryover period are subject to current statutes, regulations, and applications.

76.707 When obligations are made.

REPORTS

76.720 Financial and performance reports by a State.

76.722 A subgrantee makes reports required by the State.

RECORDS

76.730 Records related to grant funds. 76.731 Records related to compliance. 76.734 Record retention period.

PRIVACY

76.740 Protection of and accessibility to student records.

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 perform certain duties with respect to the applications for subgrants.

76.771 A State shall encourage eligible applicants to apply.

76.772 Other responsibilities of the State.

COMPLAINT PROCEDURES OF THE STATE 76.780 A State shall adopt complaint procedures.

76.781 Minimum complaint procedures. 76.782 An organization or individual may file a complaint.

76.783 State educational agency actionsubgrantee's opportunity for a hearing.

Subpart H-What Procedures Does the Secretary Use To Get Compliance? 76.900 Waiver of regulations prohibited. 76.901 Education Appeal Board. 76.902 Judicial review.

76.910 Cooperation with audits.

AUTHORITY: 20 U.S.C. 1221e-3(a)(1), 2831(a), and 3474, unless otherwise noted. SOURCE: 45 FR 22517, Apr. 3, 1980, unless otherwise noted. Redesignated at 45 FR 77368, Nov. 21, 1980.

Subpart A-General

REGULATIONS THAT APPLY TO STATEADMINISTERED PROGRAMS

§ 76.1 Programs to which Part 76 applies. (a) The regulations in Part 76 apply to each State-administered program of the Department.

(b) If a State formula grant program does not have implementing regulations, the Secretary implements the program under the authorizing statute and, to the extent consistent with the authorizing statute, under the General Education Provisions Act and the regulations in this part. For the purposes of this part, the term "State formula grant program" means a program whose authorizing statute or implementing regulations provide a formula for allocating program funds among eligible States.

(c) The regulations in Part 76 do not apply to the programs authorized under Chapter 1 and Chapter 2 of the Education Consolidation and Improvement Act of 1981.

(Authority: 20 U.S.C. 1221e-3(a)(1), 2831(a), and 3474)

[45 FR 22517, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, and amended at 45 FR 84059, Dec. 22, 1980; 47 FR 52354, Nov. 19, 1982; 50 FR 29330, July 18, 1985; 50 FR 32564, Aug. 13, 1985; 50 FR 43545, Oct. 25, 1985; 51 FR 35583, Oct. 6, 1986; 52 FR 27804, July 24, 1987; 54 FR 21776, May 19, 1989]

8 76.2 Exceptions in program regulations to Part 76.

If a program has regulations that are not consistent with Part 76, the implementing regulations for that program identify the sections of Part 76 that do not apply.

(Authority: 20 U.S.C. 1221e-3(a)(1), 2831(a)) [45 FR 22517, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, and amended at 54 FR 21776, May 19, 1989]

§ 76.3 ED general grant regulations apply to these programs.

The ED general grant regulations in 34 CFR Part 74 apply to the programs covered by this part. To find subjects covered under 34 CFR Part 74, look in

the table of contents at the beginning of 34 CFR Part 74.

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

ELIGIBILITY FOR A GRANT OR SUBGRANT

§ 76.50 Statutes determine eligibility and whether subgrants are made.

(a) Under a program covered by this part, the Secretary makes a grant:

(1) To the State agency designated by the authorizing statute for the program; or

(2) To the State agency designated by the State in accordance with the authorizing statute.

(b) The authorizing statute determines the extent to which a State may:

(1) Use grant funds directly; and

(2) Make subgrants to eligible applicants.

(c) The regulations in Part 76 on subgrants apply to a program only if subgrants are authorized under that program.

(d) The authorizing statute determines the eligibility of an applicant for a subgrant.

(Authority: 20 U.S.C. 1221e-3(a)(1), 2831(a))

[45 FR 22517, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, and amended at 52 FR 27804, July 24, 1987; 54 FR 21776, May 19, 1989]

CROSS-REFERENCE. See 34 CFR Part 74, Subpart E-Waiver of Single State Agency Requirements.

§ 76.51 A State distributes funds by formula or competition.

If a program statute authorizes a State to make subgrants, the statute:

(a) Requires the State to use a formula to distribute funds;

(b) Gives the State discretion to select subgrantees through a competition among the applicants or through some other procedure; or

(c) Allows some combination of these procedures.

(Authority: 20 U.S.C. 1221e-3(a)(1), 2831(a)) [45 FR 22517, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, and amended at 54 FR 21776, May 19, 1989]

Subpart B-How a State Applies for a Grant

STATE PLANS AND APPLICATIONS

876.100 Effect of this subpart.

This subpart establishes general requirements that a State must meet to apply for a grant under a program covered by this part. Additional requirements are in the authorizing statute and the implementing regulations for the program.

(Authority: 20 U.S.C. 1221e-3(a)(1)) [52 FR 27804, July 24, 1987]

§ 76.101 The general State application.

A State that makes subgrants to local educational agencies under a program subject to this part shall have on file with the Secretary a general application that meets the requirements of Section 435 of the General Education Provisions Act.

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

[52 FR 27804, July 24, 1987]

§ 76.102 Definition of "State plan" for Part 76.

As used in this part, "State plan" means any of the following documents:

(a) Compensatory education. The application under Section 162 of Title I of the Elementary and Secondary Education Act.

(b) Migrant children. The application under Sections 141-143 of the Elementary and Secondary Education Act.

(c) Basic skills. The agreement under Title II-B of the Elementary and Secondary Education Act.

(d) Library resources. The State plan under Title II of the Elementary and Secondary Education Act (as in effect on Sept. 30, 1978).

(e) Innovative projects; Guidance and Counseling. The State plan under Title III of the Elementary and Secondary Education Act (as in effect on Sept. 30, 1978).

(f) Educational Improvement, Resources, and Support. The State plan under Title IV of the Elementary and Secondary Education Act.

(g) State educational agencies. The State plan under Title V-B of the Elementary and Secondary Education Act.

(h) State educational agencies. The application under Title V-A of the Elementary and Secondary Education Act (as in effect September 30, 1978).

(i) Community schools. The State plan under Title VIII of the Elementary and Secondary Education Act.

(j) Gifted and talented children. The application under Section 904(b)(1) of Title IX of the Elementary and Secondary Education Act.

(k) Academic subjects. The State plan under Title III-A of the National Defense Education Act.

(1) Handicapped children. The State plan under Part B of the Education of the Handicapped Act.

(m) Handicapped children. The application under Section 619 of the Education of the Handicapped Act.

(n) Vocational education. The annual program plan and the annual accountability report under Part A of Title I of the Vocational Education Act.

(0) Career education. The State plan under Section 7 of the Career Education Incentive Act.

(p) Adult education. The State plan under the Adult Education Act.

(q) Community services. The State plan under Title I of the Higher Education Act.

(r) State student incentive grants. The application under Section 415C of the Higher Education Act.

(s) Educational information centers. The State plan under Section 418B of the Higher Education Act.

(t) Incentive grants for State student financial asistance training. The application under Section 493C of the Higher Education Act.

(u) Postsecondary commissions. The application for intrastate planning under Section 1203(a) of the Higher Education Act.

(v) Libraries. The basic State plan a long-range program, and an annual program under the Library Services and Construction Act.

(w) State equalization. The application under Section 842 of the Education Amendments of 1974.

30-126 0-90-8

(x) Client Assistance Program. The written request for assistance under section 112 of the Rehabilitation Act of 1973, as amended.

(y) Removal of Architectural Barriers to the Handicapped. The application under Section 607 of the Education of the Handicapped Act.

(z) Emergency Immigrant Education. The application under the Emergency Immigrant Education Program.

(aa) Math-science programs. The State application under Section 209 of Title II of the Education for Economic Security Act.

(bb) Programs that do not have regulations. If a State-administered program does not have implementing regulations, the documents that the authorizing statute for the program requires a State to submit to receive a grant.

(cc) Carl D. Perkins Scholarship Program. The application under Section 563 of the Higher Education Act.

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

[45 FR 22517, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, and amended at 45 FR 84060, Dec. 22, 1980; 50 FR 9962, Mar. 12, 1985; 50 FR 29330, July 18, 1985; 50 FR 32564, Aug. 13, 1985; 50 FR 33188, Aug. 16, 1985; 50 FR 43545, Oct. 25, 1985; 51 FR 35583, Oct. 6, 1986; 52 FR 27804, July 24, 1987]

§ 76.103 Three-year State plans.

(a) Beginning no later than fiscal year 1981, each State plan will be effective for a period of three fiscal years, unless the program regulations provide for a longer effective period.

(b) If the Secretary determines that the three-year State plans under a program should be submitted by the States on a staggered schedule, the Secretary may require groups of States to submit or resubmit their plans in different years.

(c) This section does not apply to:

(1) The annual accountability report under Part A of Title I of the Vocational Education Act;

(2) The annual programs under the Library Services and Construction Act; (3) The application under Sections 141-143 of the Elementary and Secondary Education Act; and

(4) The State application under Section 209 of Title II of the Education for Economic Security Act.

(d) A State may submit an annual State plan under the Vocational Education Act. If a State submits an annual plan under that program, this section does not apply to that plan.

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. 1231g(a))

[45 FR 22517, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, and amended at 45 FR 86296, Dec. 30, 1980; 50 FR 43545, Oct. 25, 1985]

§ 76.104 A State shall include certain certifications in its State plan.

(a) A State shall include the following certifications in each State plan:

(1) That the plan is submitted by the State agency that is eligible to submit the plan.

(2) That the State agency has authority under State law to perform the functions of the State under the program.

(3) That the State legally may carry out each provision of the plan.

(4) That all provisions of the plan are consistent with State law.

(5) That a State officer, specified by title in the certification, has authority under State law to receive, hold, and disburse Federal funds made available under the plan.

(6) That the State officer who submits the plan, specified by title in the certification, has authority to submit the plan.

(7) That the agency that submits the plan has adopted or otherwise formally approved the plan.

(8) That the plan is the basis for State operation and administration of the program.

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

§ 76.106 State documents are public information.

A State shall make the following documents available for public inspection:

(a) All State plans and related official materials.

(b) All approved subgrant applications.

(c) All documents that the Secretary transmits to the State regarding a program.

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

CONSOLIDATED GRANT APPLICATIONS FOR INSULAR AREAS

AUTHORITY: Title V, Pub. L. 95-134, 91 Stat. 1159 (48 U.S.C. 1469a).

§ 76.125 What is the purpose of these regulations?

(a) Sections 76.125 through 76.137 of this part contain requirements for the submission of an application by an Insular Area for the consolidation of two or more grants under the programs listed in paragraph (c) of this section.

(b) For the purpose of §§ 76.12576.137 of this part the term "Insular Area" means the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, or the Commonwealth of the Northern Mariana Islands.

(c) The Secretary may make an annual consolidated grant to assist an Insular Area in carrying out one or more of the following programs:

CFDA No. and name of program

Authorizing legislation

Implementing regulations, Title 34 CFR (Part)

770

84.035 Interlibrary Cooperation

770

84.048 Vocational

States.

400

84.009 Program for Education of Handicapped Children in State Operated or Supported Schools.

302

300