Title 34--EDUCATION
Chapter


the Department of Education. (b) If a direct grant program does not have implementing regulations, the Secretary implements the program under the authorizing statute...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR75.2] [Page 132] TITLE 34--EDUCATION PART 75--DIRECT GRANT PROGRAMS--Table of Contents Subpart A--General Sec. 75.2 Exceptions in program regulations to part 75. If a program has regulations that are not consistent with part 75, the implementing regulations for that program identify the sections of part 75 that do not apply. (Authority: 20 U.S.C. 1221e-3 and 3474) ...


and Education Department Acquisition Regulation). (2) Any applicable program regulations; and (3) The request for proposals for the procurement, if...


that program. (Authority: 20 U.S.C. 1221e-3 and 3474) [45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 52 FR 27803, July...


(b) An applicant may show that it is a nonprofit organization by any of the following means: (1) Proof that the Internal Revenue Service currently recognizes the...


individual-- (1) Is not current in repaying a debt or is in default, as that term is used in 34 CFR part 668, on a debt-- (i) Under a program listed in paragraph (b)...


his or her application a certification under the penalty of perjury-- (1) That the individual is eligible under Sec. 75.60; and (2) That the individual has not...


or an agreement with, the Secretary shall require the individual who applies for such an award to provide [[Page 134]] with his or her application a...


notices in the Federal Register that explain what kind of assistance is available for new grants under the programs that the Secretary administers. (b)...


(1) How an applicant can get an application package that contains: (i) Information about the program; and (ii) The application form that the applicant must use. (2)...


(b) If an applicant wants a new grant, the applicant shall: (1) Mail the application to the address specified in the application notice on or before the deadline date; or ...


for preapplications. (b) An applicant shall submit its preapplication in accordance with the procedures for applications in Sec. 75.102(b) and (d). (Authority:...


is established in a notice published in the Federal Register, the Secretary may reject without consideration or evaluation any application that proposes a project funding level...


applications in a particular fiscal year. (b) How does the Secretary establish annual priorities? (1) The Secretary establishes final annual priorities by publishing...


the applicant supplies voluntarily. (b) An applicant may make changes to its application on or before the deadline date for submitting applications under...


describes how and when, in each budget period of the project, the applicant plans to meet each objective of the project. (Approved by the Office of Management and...


a multi-year project is needed; (b) A budget narrative accompanied by a budget form prescribed by the Secretary, that provides budget information for each budget period of...


and financial expenditure information, as directed by the Secretary, that is sufficient to meet the reporting requirements of 34 CFR 74.51, 75.590, 75.720,...


private schools, the application must include the information required of subgrantees under 34 CFR 76.656. (Approved by the Office of Management and Budget under control...


U.S.C. 1221e-3 and 3474) [45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 52 FR 27803, July 24, 1987; 60 FR 46493, Sept....


applicant shall list these programs in its application. The Secretary uses this information to avoid duplicate grants for the same project. (Authority: 20 U.S.C....


assistance, the term used to refer to the group may vary. The list that follows contains some of the terms used to identify a group of eligible parties: ...


member of the group to apply for the grant; or (2) Establish a separate, eligible legal entity to apply for the grant. (b) The members of the group shall enter into...


and is legally responsible for: (1) The use of all grant funds; (2) Ensuring that the project is carried out by the group in accordance with Federal...


be given an opportunity to comment on each application, the State and the applicant shall use the procedures in Secs. 75.156-75.158 for that purpose. (Authority:...


a copy of its application to the State on or before the deadline date for submitting its application to the Department. (b) The applicant shall attach to its application...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR75.157] [Page 138] TITLE 34--EDUCATION PART 75--DIRECT GRANT PROGRAMS--Table of Contents Subpart C--How To Apply for a Grant Sec. 75.157 The State reviews each application. A State that receives an application under Sec. 75.156 may review and comment on the application. (Authority: 20 U.S.C. 1221e-3(a)(1) and 3474) ...


in a written statement signed by an appropriate State official. (c) The appropriate State official shall submit comments to the Secretary by the deadline date for...


under the program; or (2) Any other matter that affects the selection of projects for funding under the program. (b) If the State fails to comment on an application...


be developed in a manner conducive to dissemination, through continuing consultations with publishers, personnel of State and local educational agencies, teachers,...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR75.191] [Page 138] TITLE 34--EDUCATION PART 75--DIRECT GRANT PROGRAMS--Table of Contents Subpart C--How To Apply for a Grant Sec. 75.191 Consultation costs. An applicant may budget reasonable consultation fees or planning costs in connection with the development of curricula or instructional materials. (Authority: 20 U.S.C. 1221e-3 and 3474) ...


its application that the curricula or materials will reach the populations for which the curricula or materials were developed. (Authority: 20 U.S.C. 1221e-3...


Projects (a) Direct grant programs. The Department administers two kinds of direct grant programs. A direct grant program is either a discretionary grant or a...


(1) The selection criteria chosen; and (2) The factors selected for considering the selection criteria, if any. (b) If points or weights are assigned to the selection...


apply to the authorized program, which may include, but are not limited to-- (i) Specific statutory selection criteria; (ii) Allowable activities; ...


may select from among the list of optional factors under each criterion. However, paragraphs (d)(2) and (e)(2) of this section are mandatory factors under their...


and factors, if any, used for the competition under which the application could have been funded. (b) If the Secretary considers an unsolicited application under...


new grants. All of these sections apply to a discretionary grant program. However, only Sec. 75.216 applies also to a formula grant program. Cross reference: See...


with all of the procedural rules that govern the submission of the application; (c) The application does not contain the information required under the program; or ...


and any priorities or other requirements that have been published in the Federal Register and apply to the selection of those applications. (b)(1) The Secretary may...


(2) Is not selected for funding. (b) If an applicant requests an explanation of the reason its application was not evaluated or selected, the Secretary provides...


objectives of the project cannot be achieved unless the Secretary makes the grant before the date grants can be made under the procedures in Sec. 75.217; (b)(1) The...


(a) The Secretary assembles a board to review the application. (b) The board consists of: (1) A program officer of the program under which the...


for funding if: (a) The Secretary has documentary evidence that the special circumstances of Sec. 75.219(b) exist; and (b) The Secretary has a statement...


procedures unless the Secretary has published a notice in the Federal Register stating that the program that would fund the application would not consider...


(b) The Secretary may refuse to review applications in any tier that do not meet a minimum cut-off score established for the prior tier. (c) The Secretary...


(1) Any applicant for a grant from ED that-- (i) Has never received a grant or subgrant under the program from which it seeks funding; (ii) Has...


procedures in Secs. 75.231-75.236 to set the amount and determine the conditions of a grant. Sections 75.235-75.236 also apply to grants under formula grant programs. ...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR75.231] [Page 147] TITLE 34--EDUCATION PART 75--DIRECT GRANT PROGRAMS--Table of Contents Subpart D--How Grants Are Made Sec. 75.231 Additional information. After selecting an application for funding, the Secretary may require the applicant to submit additional information. (Authority: 20 U.S.C. 1221e-3 and 3474) ...


(1) Verifies the cost data in the detailed budget for the project; (2) Evaluates specific elements of costs; and (3) Examines costs to determine if they are...


the applicant's budget. (b) In deciding what percentage of the allowable costs to fund, the Secretary may consider any other financial resources available to...


(b) In awarding a cooperative agreement, the Secretary includes conditions that state the explicit character and extent of anticipated collaboration between...


grant award sets the amount of the grant award and establishes other specific conditions, if any. (Authority: 20 U.S.C. 1221e-3 and 3474) [45 FR 22497, Apr. 3,...


3474) Cross reference: See 34 CFR part 74, Subpart L--Programmatic Changes and Budget Revisions. Approval of...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR75.250] [Page 148] TITLE 34--EDUCATION PART 75--DIRECT GRANT PROGRAMS--Table of Contents Subpart D--How Grants Are Made Sec. 75.250 Project period can be up to 60 months. The Secretary may approve a project period of up to 60 months. (Authority: 20 U.S.C. 1221e-3 and 3474) [45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 52 FR 27804, July 24, 1987] ...


the Secretary approves a multi-year project period, the Secretary: (1) Makes a grant to the project for the initial budget period; and (2) Indicates his or her intention...


of an approved multi-year project if: (1) The Congress has appropriated sufficient funds under the program; (2) The recipient has either-- (i)...


to other grantees will be made by the Secretary in accordance with the authorizing statute for that program. (Authority: 20 U.S.C. 1221e-3 and 3474) [45...


time for a period up to twelve months without the prior approval of the Secretary, if-- (1) The grantee meets the requirements for extension of 34 CFR...


a continuation award is made under Sec. 75.253. (2) In deciding whether to convert a grant to a cooperative agreement or a cooperative agreement to a grant, the...


(a) ED regulations other than 34 CFR part 80 or a statute prohibit these costs; or (b) The conditions of the award prohibit these costs. (Authority: 20...


regulations other than 34 CFR part 80 or a statute prohibit these transfers; or (b) The conditions of the grant prohibit these transfers. (Authority: 20 U.S.C. 1221e-3...


and regulations: ------------------------------------------------------------------------ Subject Statute...


requirement under the following conditions: (1) The project will not be adversely affected by the waiver. (2)(i) The project director is needed to coordinate two...


consultant as part of the project staff. (b) The grantee may not use its grant to pay a consultant unless: (1) There is a need in the project for the services of...


educational services, it may pay a consultant's fee to one of its employees only in unusual circumstances and only if: (a) The work performed by the consultant is in addition to...


not the grant is for research. (Authority: 20 U.S.C. 1221e-3 and 3474) [45 FR 22497, Apr. 3, 1980, as amended at 64 FR 50391, Sept....


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR75.519] [Page 151] TITLE 34--EDUCATION PART 75--DIRECT GRANT PROGRAMS--Table of Contents Subpart E--What Conditions Must Be Met by a Grantee? Sec. 75.519 Dual compensation of staff. A grantee may not use its grantee to pay a project staff member for time or work for which that staff member is compensated from some other source of funds. (Authority: 20 U.S.C. 1221e-3 and 3474) Conflict of Interest ...


(b) These conflict of interest regulations do not apply to a ``government'' as defined in 34 CFR 80.3. (c) The regulations in Sec. 75.525 do not apply to a grantee's...


(1) The decision is likely to benefit that person or a member of his or her immediate family; and (2) The person: (i) Is a public official; or (ii) Has...


34 CFR 74.27 (for administration of grants to institutions of higher education, and other non-profit organizations) and 34 CFR 80.22 (for [[Page...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR75.531] [Page 152] TITLE 34--EDUCATION PART 75--DIRECT GRANT PROGRAMS--Table of Contents Subpart E--What Conditions Must Be Met by a Grantee? Sec. 75.531 Limit on total cost of a project. A grantee shall insure that the total cost to the Federal Government is not more than the amount stated in the notification of grant award. (Authority: 20 U.S.C. 1221e-3 and 3474) ...


(2) Equipment or supplies to be used for any of those activities. (3) Construction, remodeling, repair, operation, or maintenance of any facility or part of a...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR75.533] [Page 152] TITLE 34--EDUCATION PART 75--DIRECT GRANT PROGRAMS--Table of Contents Subpart E--What Conditions Must Be Met by a Grantee? Sec. 75.533 Acquisition of real property; construction. No grantee may use its grant for acquisition of real property or for construction unless specifically permitted by the authorizing statute or implementing regulations for the program. (Authority: 20 U.S.C. 1221e-3 and 3474) ...


the notice of award under Sec. 75.235 if-- (a) Allowances for dependents are authorized by the program statute and are allowable under the grant; and (b)...


that a grantee may use for grants under most programs are specified in the cost principles for-- (1) Institutions of higher education, at 34 CFR 74.27; ...


than a local educational agency. For the purposes of this section, the term local educational agency does not include a State agency. (b) Each State educational agency, on...


the work supported by training grants are summer institutes, training programs for selected participants, the introduction of new or expanded courses, and similar...


use of Federal funds to supplant non-Federal funds, the grantee shall use a restricted indirect cost rate computed under 34 CFR 76.564 through 76.569. (Authority: 20...


(b) The application of the rates and the determination of the direct cost base by a grantee must be in accordance with the indirect cost rate agreement approved by...


served by the project and that serve similar purposes and target groups. (Authority: 20 U.S.C. 1221e-3, 2890, and 3474) [45 FR 22497, Apr. 3, 1980. Redesignated at 45...


(a) The recipient's progress in achieving the objectives in its approved application; (b) The effectiveness of the project in meeting the purposes of the...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR75.591] [Page 154] TITLE 34--EDUCATION PART 75--DIRECT GRANT PROGRAMS--Table of Contents Subpart E--What Conditions Must Be Met by a Grantee? Sec. 75.591 Federal evaluation--cooperation by a grantee. A grantee shall cooperate in any evaluation of the program by the Secretary. (Authority: 20 U.S.C. 1221e-3 and 3474) [45 FR 86297, Dec. 30, 1980] ...


the grantee meets the evaluation requirements of the program, including Sec. 75.590. (Authority: 20 U.S.C. 1221e-3 and 3474) ...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR75.600] [Page 154] TITLE 34--EDUCATION PART 75--DIRECT GRANT PROGRAMS--Table of Contents Subpart E--What Conditions Must Be Met by a Grantee? Sec. 75.600 Use of a grant for construction: Purpose of Secs. 75.601-75.615. Sections 75.601-75.615 apply to: (a) An applicant that requests funds for construction; and (b) A grantee whose grant includes funds for construction. (Authority: 20 U.S.C. 1221e-3 and 3474) ...


the quality of the environment in accordance with section 102(2)(C) of the National Environmental Policy Act of 1969 and Executive Order 11514 (34 FR 4247). (Authority:...


to and probable effect on any district, site, building, structure, or object that is: (1) Included in the National Register of Historic Places; or (2)...


grantee's undisturbed use and possession of the facilities for 50 years or the useful life of the facilities, whichever is longer. (Authority: 20 U.S.C. 1221e-3...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR75.604] [Page 155] TITLE 34--EDUCATION PART 75--DIRECT GRANT PROGRAMS--Table of Contents Subpart E--What Conditions Must Be Met by a Grantee? Sec. 75.604 Availability of cost-sharing funds. A grantee shall ensure that sufficient funds are available to meet any non-Federal share of the cost of constructing the facility. (Authority: 20 U.S.C. 1221e-3 and 3474) ...


(b) Before construction is advertised or placed on the market for bidding, the grantee shall get approval by the Secretary of the final working drawings...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR75.606] [Page 155] TITLE 34--EDUCATION PART 75--DIRECT GRANT PROGRAMS--Table of Contents Subpart E--What Conditions Must Be Met by a Grantee? Sec. 75.606 Completing the construction. (a) A grantee shall complete its construction within a reasonable time. (b) The grantee shall complete the construction in accordance with the application and approved drawings and specifications. (Authority: 20 U.S.C. 1221e-3 and 3474) ...


(2) Economical; and (3) Not elaborate in design or extravagant in the use of materials, compared with facilities of a similar type constructed in the State or...


in the facilities that are adaptable for artistic and other cultural activities. (Authority: 20 U.S.C. 1221e-3 and 3474) [57 FR 30339, July...


and Health Act of 1970 (Pub. L. 91-576) (See 36 CFR part 1910); and (b) State and local codes, to the extent that they are more stringent. (Authority: 20...


alteration of facilities. These regulations are: (a) For residential facilities--24 CFR part 40; and (b) For non-residential facilities--41 CFR...


FR 6030) and rules and regulations that may be issued by the Secretary to carry out those provisions: (a) Evaluate flood hazards in connection with the construction;...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR75.612] [Page 156] TITLE 34--EDUCATION PART 75--DIRECT GRANT PROGRAMS--Table of Contents Subpart E--What Conditions Must Be Met by a Grantee? Sec. 75.612 Supervision and inspection by the grantee. A grantee shall maintain competent architectural engineering supervision and inspection at the construction site to insure that the work conforms to the approved drawings and specifications. (Authority: 20 U.S.C. 1221e-3 and 3474) ...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR75.613] [Page 156] TITLE 34--EDUCATION PART 75--DIRECT GRANT PROGRAMS--Table of Contents Subpart E--What Conditions Must Be Met by a Grantee? Sec. 75.613 Relocation assistance by the grantee. A grantee is subject to the regulations on relocation assistance and real property acquisition in 34 CFR part 15. (Authority: 20 U.S.C. 1221e-3 and 3474) ...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR75.614] [Page 156] TITLE 34--EDUCATION PART 75--DIRECT GRANT PROGRAMS--Table of Contents Subpart E--What Conditions Must Be Met by a Grantee? Sec. 75.614 Grantee must have operational funds. A grantee shall insure that, when construction is completed, sufficient funds will be available for effective operation and maintenance of the facilities. (Authority: 20 U.S.C. 1221e-3 and 3474) ...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR75.615] [Page 156] TITLE 34--EDUCATION PART 75--DIRECT GRANT PROGRAMS--Table of Contents Subpart E--What Conditions Must Be Met by a Grantee? Sec. 75.615 Operation and maintenance by the grantee. A grantee shall operate and maintain the facilities in accordance with applicable Federal, State, and local requirements. (Authority: 20 U.S.C. 1221e-3 and 3474) ...


standards of the American Society of Heating, Refrigerating, and Air Conditioning Engineers (ASHRAE) are incorporated by reference in this section: (1) ASHRAE-90...




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