cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
141 rows where part_number = 75 and title_number = 34 sorted by section_id
This data as json, CSV (advanced)
Suggested facets: subpart, subpart_name
| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 34:34:1.1.1.1.21.1.35.1 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | A | Subpart A—General | § 75.1 Programs to which part 75 applies. | ED | [89 FR 70320, Aug. 29, 2024] | (a) General. (1) The regulations in this part apply to each direct grant program of the Department of Education, except as specified in these regulations for direct formula grant programs, as referenced in paragraph (c)(3) of this section. (2) The Department administers two kinds of direct grant programs. A direct grant program is either a discretionary grant program or a formula grant program other than a State-administered formula grant program covered by 34 CFR part 76. (3) If a direct grant program does not have implementing regulations, the Secretary implements the program under the applicable statutes and regulations and, to the extent consistent with the applicable statutes and regulations, under the General Education Provisions Act and the regulations in this part. With respect to the Impact Aid Program (Title VII of the Elementary and Secondary Education Act of 1965), see 34 CFR 222.19 for the limited applicable regulations in this part. (b) Discretionary grant programs. A discretionary grant program is one that permits the Secretary to use discretionary judgment in selecting applications for funding. (c) Formula grant programs. (1) A formula grant program is one that entitles certain applicants to receive grants if they meet the requirements of the program. Applicants do not compete with each other for the funds, and each grant is either for a set amount or for an amount determined under a formula. (2) The Secretary applies the applicable statutes and regulations to fund projects under a formula grant program. (3) For specific regulations in this part that apply to the selection procedures and grant-making processes for direct formula grant programs, see §§ 75.215 and 75.230. Note 1 to § 75.1: See 34 CFR part 76 for the general regulations that apply to programs that allocate funds by formula among eligible States. | |||||
| 34:34:1.1.1.1.21.1.35.2 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | A | Subpart A—General | § 75.2 Exceptions in program regulations to part 75. | ED | 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. | ||||||
| 34:34:1.1.1.1.21.1.35.3 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | A | Subpart A—General | § 75.4 [Reserved] | ED | |||||||
| 34:34:1.1.1.1.21.1.36.4 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | A | Subpart A—General | § 75.50 How to find out whether you are eligible. | ED | [45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 52 FR 27803, July 24, 1987; 89 FR 70320, Aug. 29, 2024] | Eligibility to apply for a grant under a program of the Department is governed by the applicable statutes and regulations for that program. | |||||
| 34:34:1.1.1.1.21.1.36.5 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | A | Subpart A—General | § 75.51 How to prove nonprofit status. | ED | [45 FR 22497, Apr. 3, 1980, as amended at 85 FR 82126, Dec. 17, 2020; 89 FR 15702, Mar. 4, 2024; 89 FR 70320, Aug. 29, 2024] | (a) Under some programs, an applicant must show that it is a nonprofit organization. (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 applicant as an organization to which contributions are tax deductible under section 501(c)(3) of the Internal Revenue Code; (2) A statement from a State taxing body or the State attorney general certifying that: (i) The organization is a nonprofit organization operating within the State; and (ii) No part of its net earnings may lawfully benefit any private shareholder or individual; (3) A certified copy of the applicant's certificate of incorporation or similar document if it clearly establishes the nonprofit status of the applicant; or (4) Any item described in paragraphs (b)(1) through (3) of this section if that item applies to a State or national parent organization, together with a statement by the State or parent organization that the applicant is a local nonprofit affiliate. | |||||
| 34:34:1.1.1.1.21.1.36.6 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | A | Subpart A—General | § 75.52 Eligibility of faith-based organizations for a grant and nondiscrimination against those organizations. | ED | [85 FR 82126, Dec. 17, 2020, as amended at 89 FR 15702, Mar. 4, 2024] | (a)(1) A faith-based organization is eligible to apply for and to receive a grant under a program of the Department on the same basis as any other private organization. (2)(i) In the selection of grantees, the Department— (A) May not discriminate for or against a private organization on the basis of the organization's religious character, motives, or affiliation, or lack thereof, or on the basis of conduct that would not be considered grounds to favor or disfavor a similarly situated secular organization; and (B) Must ensure that all decisions about grant awards are free from political interference, or even the appearance of such interference, and are made on the basis of merit, not on the basis of religion or religious belief, or the lack thereof. (ii) Notices or announcements of award opportunities and notices of award or contracts must include language substantially similar to that in appendices A and B, respectively, to this part. (3) No grant document, agreement, covenant, memorandum of understanding, policy, or regulation that is used by the Department may require faith-based organizations to provide assurances or notices if they are not required of non-faith-based organizations. Any restrictions on the use of grant funds must apply equally to faith-based and non-faith-based organizations. All organizations that receive grants under a Department program, including organizations with religious character, motives, or affiliation, must carry out eligible activities in accordance with all program requirements, including those prohibiting the use of direct Federal financial assistance to engage in explicitly religious activities, subject to any accommodations that are granted to organizations on a case-by-case basis in accordance with the Constitution and laws of the United States, including Federal civil rights laws. (4) No grant document, agreement, covenant, memorandum of understanding, policy, or regulation that is used by the Department may disqualify faith-based organizations from applying for or rec… | |||||
| 34:34:1.1.1.1.21.1.37.10 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | A | Subpart A—General | § 75.63 Severability. | ED | [85 FR 82128, Dec. 17, 2020] | If any provision of this subpart or its application to any person, act, or practice is held invalid, the remainder of the subpart or the application of its provisions to any person, act, or practice shall not be affected thereby. | |||||
| 34:34:1.1.1.1.21.1.37.7 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | A | Subpart A—General | § 75.60 Individuals ineligible to receive assistance. | ED | [89 FR 70320, Aug. 29, 2024] | An individual is ineligible to receive a fellowship, scholarship, or discretionary grant funded by the Department if the individual— (a) Is not current in repaying a debt or is in default, as that term is used in 34 CFR part 668, on a debt— (1) Under a program administered by the Department under which an individual received a fellowship, scholarship, or loan that they are obligated to repay; or (2) To the Federal Government under a nonprocurement transaction; and (b) Has not made satisfactory arrangements to repay the debt. | |||||
| 34:34:1.1.1.1.21.1.37.8 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | A | Subpart A—General | § 75.61 Certification of eligibility; effect of ineligibility. | ED | [57 FR 30337, July 8, 1992, as amended at 89 FR 70320, Aug. 29, 2024] | (a) An individual who applies for a fellowship, scholarship, or discretionary grant from the Department shall provide with his or her application a certification under the penalty of perjury— (1) That the individual is eligible under § 75.60; and (2) That the individual has not been debarred or suspended by a judge under section 421 of the Controlled Substances Act (21 U.S.C. 862). (b) The Secretary specifies the form of the certification required under paragraph (a) of this section. (c) The Secretary does not award a fellowship, scholarship, or discretionary grant to an individual who— (1) Fails to provide the certification required under paragraph (a) of this section; or (2) Is ineligible, based on information available to the Secretary at the time the award is made. (d) If a fellowship, scholarship, or discretionary grant is made to an individual who provided a false certification under paragraph (a) of this section, the individual is liable for recovery of the funds made available under the certification, for civil damages or penalties imposed for false representation, and for criminal prosecution under 18 U.S.C. 1001. | |||||
| 34:34:1.1.1.1.21.1.37.9 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | A | Subpart A—General | § 75.62 Requirements applicable to entities making certain awards. | ED | [57 FR 30337, July 8, 1992, as amended at 89 FR 70320, Aug. 29, 2024] | (a) An entity that provides a fellowship, scholarship, or discretionary grant to an individual under a grant from, or an agreement with, the Secretary shall require the individual who applies for such an award to provide with his or her application a certification under the penalty of perjury— (1) That the individual is eligible under § 75.60; and (2) That the individual has not been debarred or suspended by a judge under section 421 of the Controlled Substances Act (21 U.S.C. 862). (b) An entity subject to this section may not award a fellowship, scholarship, or discretionary grant to an individual if— (1) The individual fails to provide the certification required under paragraph (a) of this section; or (2) The Secretary informs the entity that the individual is ineligible under § 75.60. (c) If a fellowship, scholarship, or discretionary grant is made to an individual who provided a false certification under paragraph (a) of this section, the individual is liable for recovery of the funds made available under the certification, for civil damages or penalties imposed for false representation, and for criminal prosecution under 18 U.S.C. 1001. (d) The Secretary may require an entity subject to this section to provide a list of the individuals to whom fellowship, scholarship, or discretionary grant awards have been made or are proposed to be made by the entity. | |||||
| 34:34:1.1.1.1.21.3.38.1 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | C | Subpart C—How To Apply for a Grant | § 75.100 Publication of an application notice; content of the notice. | ED | [45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 45 FR 86297, Dec. 30, 1980; 51 FR 20824, June 9, 1986; 59 FR 30261, June 10, 1994] | (a) Each fiscal year the Secretary publishes application notices in the Federal Register that explain what kind of assistance is available for new grants under the programs that the Secretary administers. (b) The application notice for a program explains one or more of the following: (1) How to apply for a new grant. (2) If preapplications are used under the program, how to preapply for a new grant. | |||||
| 34:34:1.1.1.1.21.3.38.2 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | C | Subpart C—How To Apply for a Grant | § 75.101 Information in the application notice that helps an applicant apply. | ED | [45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 45 FR 84059, Dec. 22, 1980; 46 FR 3205, Jan. 14, 1981; 51 FR 20824, June 9, 1986; 51 FR 21164, June 11, 1986; 60 FR 63873, Dec. 12, 1995; 61 FR 8455, Mar. 4, 1996; 89 FR 70320, Aug. 29, 2024] | (a) The Secretary may include such information as the following in an application notice: (1) How an applicant can obtain an application package. (2) The amount of funds available for grants, the estimated number of those grants, the estimated amounts of those grants and, if appropriate, the maximum award amounts of those grants. (3) If the Secretary plans to approve multi-year projects, the project period that will be approved. (4) Any priorities established by the Secretary for the program for that year and the method the Secretary will use to implement the priorities. (See § 75.105 Annual priorities. ) (5) Where to find the regulations that apply to the program. (6) The statutory authority for the program. (7) The deadlines established under § 75.102 (Deadline date for applications.) and 34 CFR 79.8 (How does the Secretary provide States an opportunity to comment on proposed Federal financial assistance?). (b) If the Secretary either requires or permits preapplications under a program, an application notice for the program explains how an applicant can get the preapplication form. See 34 CFR 77.1—definitions of “budget period” and “project period.” | |||||
| 34:34:1.1.1.1.21.3.38.3 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | C | Subpart C—How To Apply for a Grant | § 75.102 Deadline date for applications. | ED | [45 FR 22497, Apr. 3, 1980, as amended at 51 FR 20824, June 9, 1986; 69 FR 41201, July 8, 2004; 89 FR 70320, Aug. 29, 2024] | (a) The application notice for a program sets a deadline date for the transmittal of applications to the Department. (b)-(c) [Reserved] (d) If the Secretary allows an applicant to submit a paper application, the applicant must show one of the following as proof of mailing by the deadline date: (1) A legibly dated U.S. Postal Service postmark. (2) A legible mail receipt with the date of mailing stamped by the U.S. Postal Service. (3) A dated shipping label, invoice, or receipt from a commercial carrier. (4) Any other proof of mailing acceptable to the Secretary. (e) If an application is mailed through the U.S. Postal Service, the Secretary does not accept either of the following as proof of mailing: (1) A private metered postmark. (2) A mail receipt that is not dated by the U.S. Postal Service. The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, an applicant should check with its local post office. | |||||
| 34:34:1.1.1.1.21.3.38.4 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | C | Subpart C—How To Apply for a Grant | § 75.103 Deadline date for preapplications. | ED | [57 FR 30337, July 8, 1992, as amended at 89 FR 70320, Aug. 29, 2024] | (a) If the Secretary invites or requires preapplications under a program, the application notice for the program sets a deadline date for preapplications. (b) An applicant shall submit its preapplication in accordance with the procedures for applications in § 75.102(d). | |||||
| 34:34:1.1.1.1.21.3.38.5 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | C | Subpart C—How To Apply for a Grant | § 75.104 Additional application provisions. | ED | [61 FR 8455, Mar. 4, 1996, as amended at 89 FR 70320, Aug. 29, 2024] | (a) The Secretary may make a grant only to an eligible party that submits an application. (b) If a maximum award amount 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 that exceeds the stated maximum award amount. (c) If an applicant wants a new grant, the applicant must submit an application in accordance with the requirements in the application notice. | |||||
| 34:34:1.1.1.1.21.3.38.6 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | C | Subpart C—How To Apply for a Grant | § 75.105 Annual absolute, competitive preference, and invitational priorities. | ED | [46 FR 3205, Jan. 14, 1981, as amended at 57 FR 30337, July 8, 1992; 60 FR 63873, Dec. 12, 1995; 89 FR 70320, Aug. 29, 2024] | (a) What programs are covered by this section? This section applies to any program for which the Secretary establishes priorities for selection of applications in a particular fiscal year. (b) How does the Secretary establish annual priorities? (1) The Secretary establishes final annual priorities by publishing the priorities in a notice in the Federal Register, usually in the application notice for that program. (2) The Secretary publishes proposed annual priorities for public comment, unless: (i) The final annual priorities will be implemented only through invitational priorities (Cross-reference: See 34 CFR 75.105(c)(1)); (ii) The final annual priorities are chosen from a list of priorities already established in the program's regulations; (iii) Publishing proposed annual priorities would be impracticable, unnecessary, or contrary to the public interest; (iv) The program statute requires or authorizes the Secretary to establish specified priorities; (v) The annual priorities are chosen from allowable activities specified in the program statute; or (vi) The final annual priorities are developed under the exemption from rulemaking for the first grant competition under a new or substantially revised program authority pursuant to section 437(d)(1) of GEPA, 20 U.S.C. 1232(d)(1), or an exemption from rulemaking under section 681(d) of the Individuals with Disabilities Education Act, 20 U.S.C. 1481(d), section 191 of the Education Sciences Reform Act, 20 U.S.C. 9581, or any other applicable exemption from rulemaking. (c) How does the Secretary implement an annual priority? The Secretary may choose one or more of the following methods to implement an annual priority: (1) Invitations. The Secretary may simply invite applications that meet a priority. If the Secetary chooses this method, an application that meets the priority receives no competitive or absolute preference over applications that do not meet the priority. (2) Competitive preference. The Secretary may give one of the following kinds … | |||||
| 34:34:1.1.1.1.21.3.40.10 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | C | Subpart C—How To Apply for a Grant | § 75.117 Information needed for a multi-year project. | ED | [45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 59 FR 30261, June 10, 1994; 89 FR 70321, Aug. 29, 2024] | An applicant that proposes a multi-year project shall include in its application: (a) Information that shows why a multi-year project is needed; and (b) A budget narrative accompanied by a budget form prescribed by the Secretary, that provides budget information for each budget period of the proposed project period. | |||||
| 34:34:1.1.1.1.21.3.40.11 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | C | Subpart C—How To Apply for a Grant | § 75.118 Requirements for a continuation award. | ED | [59 FR 30261, June 10, 1994, as amended at 64 FR 50391, Sept. 16, 1999; 79 FR 76091, Dec. 19, 2014; 89 FR 70321, Aug. 29, 2024] | (a) A recipient that wants to receive a continuation award shall submit a performance report that provides the most current performance and financial expenditure information, as directed by the Secretary, that is sufficient to meet the reporting requirements of 2 CFR 200.328 and 200.329 and 34 CFR 75.590 and 75.720. (b) If a recipient fails to submit a performance report that meets the requirements of paragraph (a) of this section, the Secretary denies continued funding for the grant. See 2 CFR 200.327, Financial reporting, and 200.328, Monitoring and reporting program performance; and 34 CFR 75.117, Information needed for a multi-year project, 75.250 through 75.253, Approval of multi-year projects, 75.590, Evaluation by the grantee, and 75.720, Financial and performance reports. | |||||
| 34:34:1.1.1.1.21.3.40.12 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | C | Subpart C—How To Apply for a Grant | § 75.119 Information needed if private school students participate. | ED | [45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 53 FR 49143, Dec. 6, 1988] | If a program requires the applicant to provide an opportunity for participation of students enrolled in private schools, the application must include the information required of subgrantees under 34 CFR 76.656. | |||||
| 34:34:1.1.1.1.21.3.40.13 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | C | Subpart C—How To Apply for a Grant | § 75.125 Submit a separate application to each program. | ED | [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. 6, 1995] | An applicant shall submit a separate application to each program under which it wants a grant. | |||||
| 34:34:1.1.1.1.21.3.40.14 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | C | Subpart C—How To Apply for a Grant | § 75.126 Application must list all programs to which it is submitted. | ED | If an applicant is submitting an application for the same project under more than one Federal program, the applicant shall list these programs in its application. The Secretary uses this information to avoid duplicate grants for the same project. | ||||||
| 34:34:1.1.1.1.21.3.40.7 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | C | Subpart C—How To Apply for a Grant | § 75.109 Changes to applications. | ED | [89 FR 70321, Aug. 29, 2024] | An applicant may make changes to its application on or before the deadline date for submitting the application under the program. | |||||
| 34:34:1.1.1.1.21.3.40.8 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | C | Subpart C—How To Apply for a Grant | § 75.110 Information regarding performance measurement. | ED | [89 FR 70321, Aug. 29, 2024] | (a) The Secretary may establish, in an application notice for a competition, one or more program performance measurement requirements, including requirements for performance measures, baseline data, or performance targets, and a requirement that applicants propose in their applications one or more of their own project-specific performance measures, baseline data, or performance targets and ensure that the applicant's project-specific performance measurement plan would, if well implemented, yield quality data. (b) If the application notice establishes program performance measurement requirements, the applicant must also describe in the application— (1)(i) The data collection and reporting methods the applicant would use and why those methods are likely to yield reliable, valid, and meaningful performance data; and (ii) If the Secretary requires applicants to collect data after the substantive work of a project is complete in order to measure progress toward attaining certain performance targets, the data-collection and reporting methods the applicant would use during the post-performance period and why those methods are likely to yield quality data. (2) The applicant's capacity to collect and report the quality of the performance data, as evidenced by quality data collection, analysis, and reporting in other projects or research. (c) If an application notice requires applicants to propose project-specific performance measures, baseline data, or performance targets, the application must include the following, as required by the application notice: (1) Project-specific performance measures. How each proposed project-specific performance measure would: accurately measure the performance of the project; be consistent with the program performance measures established under paragraph (a) of this section; and be used to inform continuous improvement of the project. (2) Baseline data. (i) Why each proposed baseline is valid and reliable, including an assessment of the quality data used to establish the baseline… | |||||
| 34:34:1.1.1.1.21.3.40.9 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | C | Subpart C—How To Apply for a Grant | § 75.112 Include a proposed project period, timeline, project narrative, and a logic model or other conceptual framework. | ED | [45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 59 FR 30261, June 10, 1994; 89 FR 70321, Aug. 29, 2024] | (a) An application must propose a project period for the project. (b) An application must include a narrative that describes how the applicant plans to meet each objective of the project and, as appropriate, how the applicant intends to use continuous improvement strategies in its project implementation based on periodic review of research, data, community input, or other feedback to advance the programmatic objectives most effectively and efficiently, in each budget period of the project. (c) The Secretary may establish, in an application notice, a requirement to include a logic model or other conceptual framework. | |||||
| 34:34:1.1.1.1.21.3.41.15 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | C | Subpart C—How To Apply for a Grant | § 75.127 Eligible parties may apply as a group. | ED | [45 FR 22497, Apr. 3, 1980, as amended at 89 FR 70321, Aug. 29, 2024] | (a) Eligible parties may apply as a group for a grant. (b) Depending on the program under which a group of eligible parties seeks 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: (1) Combination of institutions of higher education. (2) Consortium. (3) Partnership. (4) Joint applicants. (5) Cooperative arrangements. (c) In the case of a group application submitted in accordance with §§ 75.127 through 75.129, all parties in the group must be eligible applicants under the competition. | |||||
| 34:34:1.1.1.1.21.3.41.16 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | C | Subpart C—How To Apply for a Grant | § 75.128 Who acts as applicant; the group agreement. | ED | (a) If a group of eligible parties applies for a grant, the members of the group shall either: (1) Designate one 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 an agreement that: (1) Details the activities that each member of the group plans to perform; and (2) Binds each member of the group to every statement and assurance made by the applicant in the application. (c) The applicant shall submit the agreement with its application. | ||||||
| 34:34:1.1.1.1.21.3.41.17 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | C | Subpart C—How To Apply for a Grant | § 75.129 Legal responsibilities of each member of the group. | ED | [45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 59 FR 59581, Nov. 17, 1994] | (a) If the Secretary makes a grant to a group of eligible applicants, the applicant for the group is the grantee 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 requirements; and (3) Ensuring that indirect cost funds are determined as required under § 75.564(e). (b) Each member of the group is legally responsible to: (1) Carry out the activities it agrees to perform; and (2) Use the funds that it receives under the agreement in accordance with Federal requirements that apply to the grant. | |||||
| 34:34:1.1.1.1.21.3.42.18 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | C | Subpart C—How To Apply for a Grant | § 75.135 Competition exception for proposed implementation sites, implementation partners, or service providers. | ED | [78 FR 49352, Aug. 13, 2013, as amended at 79 FR 76091, Dec. 19, 2014; 80 FR 67264, Nov. 2, 2015; 89 FR 70321, Aug. 29, 2024] | (a) When entering into a contract with implementation sites or partners, an applicant is not required to comply with the competition requirements in 2 CFR 200.320(b), if— (1) The contract is with an entity that agrees to provide a site or sites where the applicant would conduct the project activities under the grant; (2) The implementation sites or partner entities that the applicant proposes to use are identified in the application for the grant; and (3) The implementation sites or partner entities are included in the application in order to meet a regulatory, statutory, or priority requirement related to the competition. (b) When entering into a contract for data collection, data analysis, evaluation services, or essential services, an applicant may select a provider using the informal, small-purchase procurement procedures in 2 CFR 200.320(a)(2), regardless of whether that applicant would otherwise be subject to that part or whether the evaluation contract would meet the standards for a small purchase order, if— (1) The contract is with the data collection, data analysis, evaluation service, or essential service provider; (2) The data collection, data analysis, evaluation service, or essential service provider that the applicant proposes to use is identified in the application for the grant; and (3) The data collection, data analysis, evaluation service, or essential service provider is identified in the application in order to meet a statutory, regulatory, or priority requirement related to the competition. (c) If the grantee relied on the exceptions under paragraph (a) or (b) of this section, the grantee must certify in its application that any employee, officer, or agent participating in the selection, award, or administration of a contract is free of any real or apparent conflict of interest and, if the grantee relied on the exceptions of paragraph (b) of this section, that the grantee used small purchase procedures to obtain the product or service. (d) A grantee must obtain the Secretary's prior … | |||||
| 34:34:1.1.1.1.21.3.43.19 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | C | Subpart C—How To Apply for a Grant | § 75.155 Review procedures if State may comment on applications: Purpose of §§ 75.156-75.158. | ED | [57 FR 30338, July 8, 1992, as amended at 89 FR 70321, Aug. 29, 2024] | If applicable statutes and regulations require that a specific State agency be given an opportunity to comment on each application, the State and the applicant shall use the procedures in §§ 75.156-75.158 for that purpose. See 34 CFR part 79 (Intergovernmental Review of Department of Education Programs and Activities) for the regulations implementing the application review procedures that States may use under E.O. 12372. | |||||
| 34:34:1.1.1.1.21.3.43.20 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | C | Subpart C—How To Apply for a Grant | § 75.156 When an applicant under § 75.155 must submit its application to the State; proof of submission. | ED | (a) Each applicant under a program covered by § 75.155 shall submit 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 a copy of its letter that requests the State to comment on the application. | ||||||
| 34:34:1.1.1.1.21.3.43.21 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | C | Subpart C—How To Apply for a Grant | § 75.157 The State reviews each application. | ED | [45 FR 22497, Apr. 3, 1980, as amended at 89 FR 70321, Aug. 29, 2024] | A State that receives an application under § 75.156 may review and comment on the application. | |||||
| 34:34:1.1.1.1.21.3.43.22 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | C | Subpart C—How To Apply for a Grant | § 75.158 Deadlines for State comments. | ED | [45 FR 22497, Apr. 3, 1980, as amended at 89 FR 70321, Aug. 29, 2024] | (a) The Secretary may establish a deadline date for receipt of State comments on applications. (b) The State shall make its comments 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 State comments. The procedures in § 75.102(d) (how to meet a deadline) of this part apply to this submission. | |||||
| 34:34:1.1.1.1.21.3.43.23 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | C | Subpart C—How To Apply for a Grant | § 75.159 Effect of State comments or failure to comment. | ED | (a) The Secretary considers those comments of the State that relate to: (1) Any selection criterion that applies 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 on or before the deadline date for the appropriate program, the State waives its right to comment. (c) If the applicant does not give the State an opportunity to comment, the Secretary does not select that project for a grant. | ||||||
| 34:34:1.1.1.1.21.3.43.24 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | C | Subpart C—How To Apply for a Grant | §§ 75.190-75.192 [Reserved] | ED | |||||||
| 34:34:1.1.1.1.21.4.44.1 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.200 How applications for new discretionary grants and cooperative agreements are selected for funding; standards for use of cooperative agreements. | ED | [89 FR 70322, Aug. 29, 2024] | (a) The Secretary uses selection criteria to evaluate the applications submitted for new grants under a discretionary grant program. (b) To evaluate the applications for new grants under the program, the Secretary may use— (1) Selection criteria established under § 75.209; (2) Selection criteria in § 75.210; or (3) Any combination of criteria from paragraphs (b)(1) and (2) of this section. (c)(1) The Secretary may award a cooperative agreement instead of a grant if the Secretary determines that substantial involvement between the Department and the recipient is necessary to carry out a collaborative project. (2) The Secretary uses the selection procedures in this subpart to select recipients of cooperative agreements. | |||||
| 34:34:1.1.1.1.21.4.44.2 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.201 How the selection criteria will be used. | ED | [62 FR 10401, Mar. 6, 1997, as amended at 89 FR 70322, Aug. 29, 2024] | (a) In the application package or a notice published in the Federal Register, the Secretary informs applicants of— (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 criteria or factors, the Secretary informs applicants in the application package or a notice published in the Federal Register of— (1) The total possible score for all of the criteria for a program; and (2) The assigned weight or the maximum possible score for each criterion or factor under that criterion. (c) If no points or weights are assigned to the selection criteria or selected factors, the Secretary evaluates each criterion equally and, within each criterion, each factor equally. | |||||
| 34:34:1.1.1.1.21.4.44.3 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | §§ 75.202-75.206 [Reserved] | ED | |||||||
| 34:34:1.1.1.1.21.4.44.4 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.209 Selection criteria based on statutory or regulatory provisions. | ED | [78 FR 49353, Aug. 13, 2013, as amended at 89 FR 70322, Aug. 29, 2024] | The Secretary may establish selection criteria and factors based on statutory or regulatory provisions that apply to the authorized program, which may include, but are not limited to, criteria and factors that reflect— (a) Criteria contained in the program statute or regulations; (b) Criteria in § 75.210; (c) Allowable activities specified in the program statute or regulations; (d) Application content requirements specified in applicable statutes and regulations; (e) Program purposes, as described in the program statute or regulations; or (f) Other pre-award and post-award conditions specified in the program statute or regulations. | |||||
| 34:34:1.1.1.1.21.4.44.5 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.210 General selection criteria. | ED | [89 FR 70322, Aug. 29, 2024] | In determining the selection criteria to evaluate applications submitted in a grant competition, the Secretary may select one or more of the following criteria and may select from among the list of optional factors under each criterion. The Secretary may define a selection criterion by selecting one or more specific factors within a criterion or assigning factors from one criterion to another criterion. (a) Need for the project. (1) The Secretary considers the need for the proposed project. (2) In determining the need for the proposed project, the Secretary considers one or more of the following factors: (i) The data presented (including a comparison to local, State, regional, national, or international data) that demonstrates the issue, challenge, or opportunity to be addressed by the proposed project. (ii) The extent to which the proposed project demonstrates the magnitude of the need for the services to be provided or the activities to be carried out by the proposed project. (iii) The extent to which the proposed project will provide support, resources, or services; or otherwise address the needs of the target population, including addressing the needs of underserved populations most affected by the issue, challenge, or opportunity, to be addressed by the proposed project and close gaps in educational opportunity. (iv) The extent to which the proposed project will focus on serving or otherwise addressing the needs of underserved populations. (v) The extent to which the specific nature and magnitude of gaps or challenges are identified and the extent to which these gaps or challenges will be addressed by the services, supports, infrastructure, or opportunities described in the proposed project. (vi) The extent to which the proposed project will prepare individuals from underserved populations for employment in fields and careers in which there are demonstrated shortages. (b) Significance. (1) The Secretary considers the significance of the proposed project. (2) In determining the significance of t… | |||||
| 34:34:1.1.1.1.21.4.44.6 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.211 Selection criteria for unsolicited applications. | ED | [62 FR 10403, Mar. 6, 1997] | (a) If the Secretary considers an unsolicited application under 34 CFR 75.222(a)(2)(ii), the Secretary uses the selection criteria 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 34 CFR 75.222(a)(2)(iii), the Secretary selects from among the criteria in § 75.210(b), and may select from among the specific factors listed under each criterion, the criteria that are most appropriate to evaluate the activities proposed in the application. | |||||
| 34:34:1.1.1.1.21.4.45.10 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.218 Applications not evaluated or selected for funding. | ED | [57 FR 30338, July 8, 1992] | (a) The Secretary informs an applicant if its application— (1) Is not evaluated; or (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 that explanation. | |||||
| 34:34:1.1.1.1.21.4.45.11 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.219 Exceptions to the procedures under § 75.217. | ED | [45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 52 FR 27804, July 24, 1987; 60 FR 12096, Mar. 3, 1995; 89 FR 70326, Aug. 29, 2024] | The Secretary may select an application for funding without following the procedures in § 75.217 if: (a) The objectives of the project cannot be achieved unless the Secretary makes the grant before the date grants can be made under the procedures in § 75.217; (b)(1) The application was submitted under the program's preceding competition; (2) The application was not selected for funding because the application was mishandled or improperly processed by the Department; and (3) The application has been rated highly enough to deserve selection under § 75.217; or (c) The Secretary receives an unsolicited application that meets the requirements of § 75.222. | |||||
| 34:34:1.1.1.1.21.4.45.12 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.220 Procedures the Department uses under § 75.219(a). | ED | [45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 45 FR 86297, Dec. 30, 1980; 64 FR 50391, Sept. 16, 1999; 89 FR 70326, Aug. 29, 2024] | If the special circumstances of § 75.219(a) appear to exist for an application, the Secretary uses the following procedures: (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 applicant wants a grant; (2) An employee from the Office of Finance and Operations (OFO) with responsibility for grant policy; and (3) A Department employee who is not a program officer of the program but who is qualified to evaluate the application. (c) The board reviews the application to decide if: (1) The special circumstances under § 75.219(a) are satisfied; (2) The application rates high enough, based on the selection criteria, priorities, and other requirements that apply to the program, to deserve selection; and (3) Selection of the application will not have an adverse impact on the budget of the program. (d) The board forwards the results of its review to the Secretary. (e) If each of the conditions in paragraph (c) of this section is satisfied, the Secretary may select the application for funding. (f) Even if the Secretary does not select the application for funding, the applicant may submit its application under the procedures in Subpart C of this part. | |||||
| 34:34:1.1.1.1.21.4.45.13 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.221 Procedures the Department uses under § 75.219(b). | ED | [89 FR 70326, Aug. 29, 2024] | If the Secretary has documentary evidence that the special circumstances of § 75.219(b) exist for an application, the Secretary may select the application for funding. | |||||
| 34:34:1.1.1.1.21.4.45.14 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.222 Procedures the Department uses under § 75.219(c). | ED | [60 FR 12096, Mar. 3, 1995, as amended at 89 FR 70326, Aug. 29, 2024] | If the Secretary receives an unsolicited application, the Secretary may consider the application under the following procedures unless the Secretary has published a notice in the Federal Register stating that the program that would fund the application would not consider unsolicited applications: (a)(1) The Secretary determines whether the application could be funded under a competition planned or conducted for the fiscal year for which funds would be used to fund the application. (2)(i) If the application could be funded under a competition described in paragraph (a)(1) of this section and the deadline for submission of applications has not passed, the Secretary refers the application to the appropriate competition for consideration under the procedures in § 75.217. (ii)(A) If the application could have been funded under a competition described in paragraph (a)(1) of this section and the deadline for submission of applications has passed, the Secretary may consider the application only in exceptional circumstances, as determined by the Secretary. (B) If the Secretary considers an application under paragraph (a)(2)(ii)(A) of this section, the Secretary considers the application under paragraphs (b) through (e) of this section. (iii) If the application could not be funded under a competition described in paragraph (a)(1) of this section, the Secretary considers the application under paragraphs (b) through (e) of this section. (b) If an application may be considered under paragraphs (a)(2)(ii) or (iii) of this section, the Secretary determines if— (1) There is a substantial likelihood that the application is of exceptional quality and national significance for a program administered by the Department; (2) The application meets the requirements of all applicable statutes and regulations that apply to the program; and (3) Selection of the project will not have an adverse impact on the funds available for other awards planned for the program. (c) If the Secretary determines that the criteria in paragraph (… | |||||
| 34:34:1.1.1.1.21.4.45.15 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.223 [Reserved] | ED | |||||||
| 34:34:1.1.1.1.21.4.45.16 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.224 What are the procedures for using a multiple tier review process to evaluate applications? | ED | [66 FR 60138, Nov. 30, 2001] | (a) The Secretary may use a multiple tier review process to evaluate applications. (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 may establish the minimum cut-off score— (1) In the application notice published in the Federal Register ; or (2) After reviewing the applications to determine the overall range in the quality of applications received. (d) The Secretary may, in any tier— (1) Use more than one group of experts to gain different perspectives on an application; and (2) Refuse to consider an application if the application is rejected under paragraph (b) of this section by any one of the groups used in the prior tier. | |||||
| 34:34:1.1.1.1.21.4.45.17 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.225 What procedures does the Secretary use when deciding to give special consideration to new potential grantees? | ED | [89 FR 70326, Aug. 29, 2024] | (a) If the Secretary determines that special consideration of new potential grantees is appropriate, the Secretary may: provide competitive preference to applicants that meet one or more of the conditions in paragraph (b) of this section; or provide special consideration for new potential grantees by establishing one competition for those applicants that meet one or more of the conditions in paragraph (b) of this section and a separate competition for applicants that meet the corresponding conditions in paragraph (c) of this section. (b) As used in this section, “new potential grantee” means an applicant that meets one or more of the following conditions— (1) The applicant has never received a grant or cooperative agreement, including through membership in a group application submitted in accordance with §§ 75.127 through 75.129 that received a grant or cooperative agreement, under the program from which it seeks funds; (2) The applicant does not, as of the deadline date for submission of applications, have an active grant or cooperative agreement, including through membership in a group application submitted in accordance with §§ 75.127 through 75.129 that has an active grant or cooperative agreement, under the program from which it seeks funds; (3) The applicant has not had an active discretionary grant or cooperative agreement under the program from which it seeks funds, including through membership in a group application submitted in accordance with §§ 75.127 through 75.129, within one of the following number of years before the deadline date for submission of applications under the program: (i) 1 year; (ii) 2 years; (iii) 3 years; (iv) 4 years; (v) 5 years; (vi) 6 years; or (vii) 7 years; (4) The applicant has not had an active discretionary grant or cooperative agreement from the Department, including through membership in a group application submitted in accordance with §§ 75.127 through 75.129, within one of the following number of years before the deadline date for submission of applications … | |||||
| 34:34:1.1.1.1.21.4.45.18 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.226 What procedures does the Secretary use if the Secretary decides to give special consideration to an application supported by strong evidence, moderate evidence, or promising evidence, or an application that demonstrates a rationale? | ED | [89 FR 70327, Aug. 29, 2024] | If the Secretary determines that special consideration of applications supported by strong evidence, moderate evidence, promising evidence, or evidence that demonstrates a rationale is appropriate, the Secretary may establish a separate competition under the procedures in § 75.105(c)(3), or provide competitive preference under the procedures in § 75.105(c)(2), for applications that are supported by— (a) Strong evidence; (b) Moderate evidence; (c) Promising evidence; or (d) Evidence that demonstrates a rationale. | |||||
| 34:34:1.1.1.1.21.4.45.19 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.227 What procedures does the Secretary use if the Secretary decides to give special consideration to rural applicants? | ED | [89 FR 70327, Aug. 29, 2024] | (a) If the Secretary determines that special consideration of rural applicants is appropriate, the Secretary may: provide competitive preference to applicants that meet one or more of the conditions in paragraph (b) of this section; or provide special consideration for rural applicants by establishing one competition for those applicants that meet one or more of the conditions in paragraph (b) of this section and a separate competition for applicants that meet the corresponding conditions in paragraph (c). (b) As used in this section, “rural applicant” means an applicant that meets one or more of the following conditions: (1) The applicant proposes to serve a local educational agency (LEA) that is eligible under the Small Rural School Achievement (SRSA) program or the Rural and Low-Income School (RLIS) program authorized under title V, part B of the Elementary and Secondary Education Act of 1965. (2) The applicant proposes to serve a community that is served by one or more LEAs— (i) With a locale code of 32, 33, 41, 42, or 43; or (ii) With a locale code of 41, 42, or 43. (3) The applicant proposes a project in which a majority of the schools served— (i) Have a locale code of 32, 33, 41, 42, or 43; or (ii) Have a locale code of 41, 42, or 43. (4) The applicant is an institution of higher education with a rural campus setting, or the applicant proposes to serve a campus with a rural setting. Rural settings include one or more of the following: Town-Fringe, Town-Distant, Town-Remote, Rural Fringe, Rural-Distant, and Rural-Remote, as defined by the National Center for Education Statistics College Navigator search tool. (c) As used in this section, a “non-rural applicant” means an applicant that meets one or more of the following conditions— (1) The applicant does not propose to serve a local educational agency (LEA) that is eligible under the Small Rural School Achievement program or the Rural and Low-Income School program authorized under title V, part B of the Elementary and Secondary Education Act of 19… | |||||
| 34:34:1.1.1.1.21.4.45.7 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.215 How the Department selects a new project. | ED | [89 FR 70326, Aug. 29, 2024] | Sections 75.216 through 75.222 describe the process the Secretary uses to select applications for new grants. All these sections apply to a discretionary grant program. However, only § 75.216 applies also to a formula grant program. (See § 75.1(b) Discretionary grant programs, § 75.1(c) Formula grant programs, and § 75.200, How applications for new discretionary grants and cooperative agreements are selected for funding; standards for use of cooperative agreements.) | |||||
| 34:34:1.1.1.1.21.4.45.8 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.216 Applications that the Secretary may choose not to evaluate for funding. | ED | [89 FR 70326, Aug. 29, 2024] | The Secretary may choose not to evaluate an application if— (a) The applicant does not comply with all of the procedural rules that govern the submission of the application; or (b) The application does not contain the information required under the program. | |||||
| 34:34:1.1.1.1.21.4.45.9 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.217 How the Secretary selects applications for new grants. | ED | [52 FR 27804, July 24, 1987, as amended at 62 FR 4167, Jan. 29, 1997; 89 FR 70322, Aug. 29, 2024] | (a) The Secretary selects applications for new grants on the basis of applicable statutes and regulations, the selection criteria, 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 use experts to evaluate the applications submitted under a program. (2) These experts may include persons who are not employees of the Federal Government. (c) The Secretary prepares a rank order of the applications based on the evaluation of their quality according to the selection criteria and any competitive preference points. (d) The Secretary then determines the order in which applications will be selected for grants. The Secretary considers the following in making these determinations: (1) The information in each application. (2) The rank ordering of the applications. (3) Any other information— (i) Relevant to a criterion, priority, or other requirement that applies to the selection of applications for new grants; (ii) Concerning the applicant's performance and use of funds under a previous award under any Department program; and (iii) Concerning the applicant's failure under any Department program to submit a performance report or its submission of a performance report of unacceptable quality. | |||||
| 34:34:1.1.1.1.21.4.46.20 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.230 How the Department makes a grant. | ED | [89 FR 70327, Aug. 29, 2024] | (a) If the Secretary selects an application under § 75.217, § 75.220, or § 75.222, the Secretary follows the procedures in §§ 75.231 through 75.236 to set the amount and determine the conditions of a grant. Sections 75.235 through 75.236 also apply to grants under formula grant programs. (See § 75.200 for more information.) | |||||
| 34:34:1.1.1.1.21.4.46.21 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.231 Additional information. | ED | After selecting an application for funding, the Secretary may require the applicant to submit additional information. | ||||||
| 34:34:1.1.1.1.21.4.46.22 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.232 The cost analysis; basis for grant amount. | ED | [45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 59 FR 30261, June 10, 1994] | (a) Before the Secretary sets the amount of a new grant, the Secretary does a cost analysis of the project. The Secretary: (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 necessary, reasonable, and allowable under applicable statutes and regulations. (b) The Secretary uses the cost analysis as a basis for determining the amount of the grant to the applicant. The cost analysis shows whether the applicant can achieve the objectives of the project with reasonable efficiency and economy under the budget in the application. | |||||
| 34:34:1.1.1.1.21.4.46.23 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.233 Setting the amount of the grant. | ED | [57 FR 30338, July 8, 1992] | (a) Subject to any applicable matching or cost-sharing requirements, the Secretary may fund up to 100 percent of the allowable costs in 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 the applicant. | |||||
| 34:34:1.1.1.1.21.4.46.24 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.234 The conditions of the grant. | ED | [57 FR 30338, July 8, 1992, as amended at 89 FR 70328, Aug. 29, 2024] | (a) The Secretary makes a grant to an applicant only after determining— (1) The approved costs; and (2) Any specific conditions. (b) In awarding a cooperative agreement, the Secretary includes conditions that state the explicit character and extent of anticipated collaboration between the Department and the recipient. | |||||
| 34:34:1.1.1.1.21.4.46.25 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.235 The notification of grant award. | ED | [45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 57 FR 30338, July 8, 1992] | (a) To make a grant, the Secretary issues a notification of grant award and sends it to the grantee. (b) The notification of grant award sets the amount of the grant award and establishes other specific conditions, if any. | |||||
| 34:34:1.1.1.1.21.4.46.26 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.236 Effect of the grant. | ED | The grant obligates both the Federal Government and the grantee to the requirements that apply to the grant. See 2 CFR 200.308, Revision of budget and program plans. | ||||||
| 34:34:1.1.1.1.21.4.47.27 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.250 Maximum project period. | ED | [89 FR 70328, Aug. 29, 2024] | The Secretary may approve a project period of up to 60 months to perform the substantive work of a grant unless an applicable statute provides otherwise. | |||||
| 34:34:1.1.1.1.21.4.47.28 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.251 Budget periods. | ED | [45 FR 22497, Apr. 3, 1980, as amended at 78 FR 49354, Aug. 13, 2013] | (a) The Secretary usually approves a budget period of not more than 12 months, even if the project has a multi-year project period. (b) If 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 to make contination awards to fund the remainder of the project period. (c) If the Secretary funds a multi-year data collection period, the Secretary may fund the data collection period through separate budget periods and fund those budget periods in the same manner as those periods are funded during the project period. | |||||
| 34:34:1.1.1.1.21.4.47.29 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.253 Continuation of a multiyear project after the first budget period. | ED | [89 FR 70328, Aug. 29, 2024] | (a) Continuation award. A grantee, in order to receive a continuation award from the Secretary for a budget period after the first budget period of an approved multiyear project, must— (1) Either— (i) Demonstrate that it has made substantial progress in achieving— (A) The goals and objectives of the project; and (B) The performance targets in the grantee's approved application, if the Secretary established performance measurement requirements for the grant in the application notice; or (ii) Obtain the Secretary's approval for changes to the project that— (A) Do not increase the amount of funds obligated to the project by the Secretary; and (B) Enable the grantee to achieve the goals and objectives of the project and meet the performance targets of the project, if any, without changing the scope or objectives of the project; (2) Submit all reports as required by § 75.118; (3) Continue to meet all applicable eligibility requirements of the grant program; (4) Maintain financial and administrative management systems that meet the requirements in 2 CFR 200.302 and 200.303; and (5) Receive a determination from the Secretary that continuation of the project is in the best interest of the Federal Government. (b) Information considered in making a continuation award. In determining whether the grantee has met the requirements described in paragraph (a) of this section, the Secretary may consider any relevant information regarding grantee performance. This includes considering reports required by § 75.118, performance measures established under § 75.110, financial information required by 2 CFR part 200, and any other relevant information. (c) Funding for continuation awards. Subject to the criteria in paragraphs (a) and (b) of this section, in selecting applications for funding under a program, the Secretary gives priority to continuation awards over new grants. (d) Budget period. If the Secretary makes a continuation award under this section— (1) The Secretary makes the award under §§ 75.231 through… | |||||
| 34:34:1.1.1.1.21.4.47.30 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.254 Data collection period. | ED | [89 FR 70328, Aug. 29, 2024] | (a) The Secretary may approve a data collection period for a grant for a period of up to 72 months after the end of the project period and provide funds for the data collection period for the purpose of collecting, analyzing, and reporting performance measurement data on the project. (b) If the Secretary plans to approve a data collection period, the Secretary may inform applicants of the Secretary's intent to approve data collection periods in the application notice published for a competition or may decide to fund data collection periods after grantees have started their project periods. (c) If the Secretary informs applicants of the intent to approve data collection periods in the notice inviting applications, the Secretary may require applicants to include in the application a budget for, and description of, a data collection period for a period of up to 72 months, as specified in the notice inviting applications, after the end of the project period. | |||||
| 34:34:1.1.1.1.21.4.48.31 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.260 Allotments and reallotments. | ED | [45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 52 FR 27804, July 24, 1987; 89 FR 70329, Aug. 29, 2024] | (a) Under some of the programs covered by this part, the Secretary allots funds under a statutory or regulatory formula. (b) Any reallotment to other grantees will be made by the Secretary in accordance with applicable statutes and regulations. | |||||
| 34:34:1.1.1.1.21.4.48.32 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.261 Extension of a project period. | ED | [89 FR 70329, Aug. 29, 2024] | (a) One-time extension of project period without prior approval. A grantee may extend the project period of an award one time, for a period up to 12 months, without the prior approval of the Secretary, if— (1) The grantee meets the requirements for extension in 2 CFR 200.308(e)(2); and (2) The extension is not otherwise prohibited by statute, regulation, or the conditions of an award. (b) Extension of project period with prior approval. At the conclusion of the project period extension authorized under paragraph (a) of this section, or in any case in which a project period extension is not authorized under paragraph (a) of this section, a grantee, with prior approval of the Secretary, may extend a project for an additional period if— (1) The extension is not otherwise prohibited by statute, regulations, or the conditions of an award; (2) The extension does not involve the obligation of additional Federal funds; (3) The extension is to carry out the approved objectives and scope of the project; and (4)(i) The Secretary determines that, due to special or unusual circumstances applicable to a class of grantees, the project periods for the grantees should be extended; or (ii)(A) The Secretary determines that special or unusual circumstances would delay completion of the project beyond the end of the project period; (B) The grantee requests an extension of the project period at least 45 calendar days before the end of the project period; and (C) The grantee provides a written statement, before the end of the project period, of the reasons the extension is appropriate under paragraph (b)(4)(ii)(A) of this section and the period for which the project extension is requested. (c) Waiver. The Secretary may waive the requirement in paragraph (b)(4)(ii) of this section if— (1) The grantee could not reasonably have known of the need for the extension on or before the start of the 45-day period; or (2) The failure to give notice on or before the start of the 45-day period was unavoidable. | |||||
| 34:34:1.1.1.1.21.4.48.33 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.262 Conversion of a grant or a cooperative agreement. | ED | [57 FR 30339, July 8, 1992] | (a)(1) The Secretary may convert a grant to a cooperative agreement or a cooperative agreement to a grant at the time a continuation award is made under § 75.253. (2) In deciding whether to convert a grant to a cooperative agreement or a cooperative agreement to a grant, the Secretary considers the factors included in § 75.200(b) (4) and (5). (b) The Secretary and a recipient may agree at any time to convert a grant to a cooperative agreement or a cooperative agreement to a grant, subject to the factors included in § 75.200(b) (4) and (5). | |||||
| 34:34:1.1.1.1.21.4.48.34 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.263 Pre-award costs; waiver of approval. | ED | [80 FR 67264, Nov. 2, 2015, as amended at 89 FR 70329, Aug. 29, 2024] | A grantee may incur pre-award costs as specified in 2 CFR 200.308(d)(1) unless— (a) The Department regulations other than 2 CFR part 200 or a statute prohibit these costs; or (b) The conditions of the award prohibit these costs. | |||||
| 34:34:1.1.1.1.21.4.48.35 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | D | Subpart D—How Grants Are Made | § 75.264 Transfers among budget categories. | ED | [79 FR 76092, Dec. 19, 2014, as amended at 89 FR 70329, Aug. 29, 2024] | A grantee may make transfers as specified in 2 CFR 200.308 unless— (a) ED regulations other than those in 2 CFR part 200 or a statute prohibit these transfers; or (b) The conditions of the grant prohibit these transfers. | |||||
| 34:34:1.1.1.1.21.5.49.1 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | E | Subpart E—What Conditions Must Be Met by a Grantee? | § 75.500 Constitutional rights, freedom of inquiry, and Federal statutes and regulations on nondiscrimination. | ED | [85 FR 59978, Sept. 23, 2020, as amended at 89 FR 70329, Aug. 29, 2024] | (a) Each grantee must comply with the following statutes and regulations: Table 1 to Paragraph ( a ) (b)(1) Each grantee that is an institution of higher education, as defined in 20 U.S.C. 1002(a), that is public and that is legally required to abide by the First Amendment to the U.S. Constitution (hereinafter “public institution”), must also comply with the First Amendment to the U.S. Constitution, including protections for freedom of speech, association, press, religion, assembly, petition, and academic freedom, as a material condition of the Department's grant. The Department will determine that a public institution has not complied with the First Amendment only if there is a final, non-default judgment by a State or Federal court that the public institution or an employee of the public institution, acting in his or her official capacity, violated the First Amendment. A final judgment is a judgment that the public institution chooses not to appeal or that is not subject to further appeal. Absent such a final, non-default judgment, the Department will deem the public institution to be in compliance with the First Amendment. (2) Each grantee that is a public institution also must submit to the Secretary a copy of the final, non-default judgment by that State or Federal court to conclude the lawsuit no later than 45 calendar days after such final, non-default judgment is entered. (c)(1) Each grantee that is an institution of higher education, as defined in 20 U.S.C. 1002(a), that is private (hereinafter “private institution”) must comply with its stated institutional policies regarding freedom of speech, including academic freedom, as a material condition of the Department's grant. The Department will determine that a private institution has not complied with these stated institutional policies only if there is a final, non-default judgment by a State or Federal court to the effect that the private institution or an employee of the private institution, acting on behalf of the private institution, violated its… | |||||
| 34:34:1.1.1.1.21.5.50.2 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | E | Subpart E—What Conditions Must Be Met by a Grantee? | § 75.511 Waiver of requirement for a full-time project director. | ED | (a) If regulations under a program require a full-time project director, the Secretary may waive that 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 or more related projects; or (ii) The project director must teach a minimum number of hours to retain faculty status. (b) The waiver either permits the grantee: (1) To use a part-time project director; or (2) Not to use any project director. (c)(1) An applicant or a grantee may request the waiver. (2) The request must be in writing and must demonstrate that a waiver is appropriate under this section. (3) The Secretary gives the waiver in writing. The waiver is effective on the date the Secretary signs the waiver. See 2 CFR 200.308, Revision of budget and program plans. | ||||||
| 34:34:1.1.1.1.21.5.50.3 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | E | Subpart E—What Conditions Must Be Met by a Grantee? | § 75.515 Use of consultants. | ED | (a) Subject to Federal statutes and regulations, a grantee shall use its general policies and practices when it hires, uses, and pays a 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 that consultant; and (2) The grantee cannot meet that need by using an employee rather than a consultant. | ||||||
| 34:34:1.1.1.1.21.5.50.4 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | E | Subpart E—What Conditions Must Be Met by a Grantee? | § 75.516 Compensation of consultants—employees of institutions of higher education. | ED | If an institution of higher education receives a grant for research or for 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 his or her regular departmental load; and (b)(1) The consultation is across departmental lines; or (2) The consultation involves a separate or remote operation. | ||||||
| 34:34:1.1.1.1.21.5.50.5 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | E | Subpart E—What Conditions Must Be Met by a Grantee? | § 75.517 [Reserved] | ED | |||||||
| 34:34:1.1.1.1.21.5.50.6 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | E | Subpart E—What Conditions Must Be Met by a Grantee? | § 75.519 Dual compensation of staff. | ED | [45 FR 22497, Apr. 3, 1980, as amended at 89 FR 70329, Aug. 29, 2024] | A grant may not use its grant to pay a project staff member for time or work for which that staff member is compensated from some other source of funds, consistent with the cost principles described in 2 CFR part 200. | |||||
| 34:34:1.1.1.1.21.5.51.7 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | E | Subpart E—What Conditions Must Be Met by a Grantee? | § 75.524 Conflict of interest: Purpose of § 75.525. | ED | [45 FR 22497, Apr. 3, 1980, as amended at 64 FR 50391, Sept. 16, 1999; 79 FR 76092, Dec. 19, 2014] | (a) The conflict of interest regulations of the Department that apply to a grant are in § 75.525. (b) These conflict of interest regulations do not apply to a “local government,” as defined in 2 CFR 200.64, or a “State,” as defined in 2 CFR 200.90. (c) The regulations in § 75.525 do not apply to a grantee's procurement contracts. The conflict of interest regulations that cover those procurement contracts are in 2 CFR part 200. | |||||
| 34:34:1.1.1.1.21.5.51.8 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | E | Subpart E—What Conditions Must Be Met by a Grantee? | § 75.525 Conflict of interest: Participation in a project. | ED | (a) A grantee may not permit a person to participate in an administrative decision regarding a project if: (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 a family or business relationship with the grantee. (b) A grantee may not permit any person participating in the project to use his or her position for a purpose that is—or gives the appearance of being—motivated by a desire for a private financial gain for that person or for others. | ||||||
| 34:34:1.1.1.1.21.5.52.10 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | E | Subpart E—What Conditions Must Be Met by a Grantee? | § 75.531 Limit on total cost of a project. | ED | [45 FR 22497, Apr. 3, 1980, as amended at 89 FR 70329, Aug. 29, 2024] | A grantee shall ensure that the total cost to the Federal Government is not more than the amount stated in the notification of grant award. | |||||
| 34:34:1.1.1.1.21.5.52.11 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | E | Subpart E—What Conditions Must Be Met by a Grantee? | § 75.532 Use of funds for religion prohibited. | ED | [45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 69 FR 31711, June 4, 2004] | (a) No grantee may use its grant to pay for any of the following: (1) Religious worship, instruction, or proselytization. (2) Equipment or supplies to be used for any of the activities specified in paragraph (a)(1) of this section. (b) [Reserved] | |||||
| 34:34:1.1.1.1.21.5.52.12 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | E | Subpart E—What Conditions Must Be Met by a Grantee? | § 75.533 Acquisition of real property; construction. | ED | [45 FR 22497, Apr. 3, 1980, as amended at 89 FR 70329, Aug. 29, 2024] | No grantee may use its grant for acquisition of real property or for construction unless specifically permitted by the applicable statutes and regulations. | |||||
| 34:34:1.1.1.1.21.5.52.13 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | E | Subpart E—What Conditions Must Be Met by a Grantee? | § 75.534 Training grants—automatic increases for additional dependents. | ED | [45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 57 FR 30339, July 8, 1992; 89 FR 70329, Aug. 29, 2024] | The Secretary may increase a grant to cover the cost of additional dependents not specified in the notice of award under § 75.235 if— (a) Allowances for dependents are authorized by applicable statutes and regulations and are allowable under the grant; and (b) Appropriations are available to cover the cost. | |||||
| 34:34:1.1.1.1.21.5.52.9 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | E | Subpart E—What Conditions Must Be Met by a Grantee? | § 75.530 General cost principles. | ED | [79 FR 76092, Dec. 19, 2014] | The general principles to be used in determining costs applicable to grants and cost-type contracts under grants are specified at 2 CFR part 200, subpart E—Cost Principles. Cross Reference: See 2 CFR part 200, subpart D—Post Federal Award Requirements. | |||||
| 34:34:1.1.1.1.21.5.53.14 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | E | Subpart E—What Conditions Must Be Met by a Grantee? | § 75.560 General indirect cost rates and cost allocation plans; exceptions. | ED | [89 FR 70329, Aug. 29, 2024] | (a) The differences between direct and indirect costs and the principles for determining the general indirect cost rate that a grantee may use for grants under most programs are specified in the cost principles for— (1) All grantees, other than hospitals and commercial (for-profit) organizations, at 2 CFR part 200, subpart E; (2) Hospitals, at 45 CFR part 75, appendix XI; and (3) Commercial (for-profit) organizations, at 48 CFR part 31. (b) Except as specified in paragraph (c) of this section, a grantee must have obtained a current indirect cost rate agreement or approved cost allocation plan from its cognizant agency, to charge indirect costs to a grant. To obtain a negotiated indirect cost rate agreement or approved cost allocation plan, a grantee must submit an indirect cost rate proposal or cost allocation plan to its cognizant agency within 90 days after the date on which the Department issues the Grant Award Notification (GAN). (c) A grantee that meets the requirements in 2 CFR 200.414(f) may elect to charge the de minimis rate of modified total direct costs (MTDC) specified in that provision, which may be used indefinitely. The de minimis rate may not be used on programs that have statutory or regulatory restrictions on the indirect cost rate. No documentation is required to justify the de minimis rate. (1) If the grantee has established a threshold for equipment that is lower than the amount specified in the Uniform Guidance, the grantee must use that threshold to exclude equipment from the MTDC base. (2) For purposes of the MTDC base and application of the de minimis rate, MTDC includes up to the amount specified in the definition of MTDC in the Uniform Guidance of each subaward, each year. (d) If a grantee is required to, but does not, have a federally recognized indirect cost rate agreement or approved cost allocation plan, the Secretary may permit the grantee to charge its grant for indirect costs at a temporary rate of 10 percent of budgeted direct salaries and wages. (e)(1) If a gra… | |||||
| 34:34:1.1.1.1.21.5.53.15 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | E | Subpart E—What Conditions Must Be Met by a Grantee? | § 75.561 Approval of indirect cost rates and cost allocation plans. | ED | [59 FR 59583, Nov. 17, 1994, as amended at 89 FR 70330, Aug. 29, 2024] | (a) If the Department of Education is the cognizant agency, the Secretary approves an indirect cost rate or cost allocation plan for a grantee that is eligible and does not elect a de minimis rate, and is not 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 basis of a plan approved by the Secretary, shall approve an indirect cost rate for each local educational agency that requests it to do so. (c) The Secretary generally approves indirect cost rate agreements annually. Indirect cost rate agreements may be approved for periods longer than a year if the Secretary determines that rates will be sufficiently stable to justify a longer rate period. | |||||
| 34:34:1.1.1.1.21.5.53.16 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | E | Subpart E—What Conditions Must Be Met by a Grantee? | § 75.562 Indirect cost rates for educational training projects; exceptions. | ED | [89 FR 70330, Aug. 29, 2024] | (a) Educational training grants provide funds for training or other educational services. Examples of the work supported by training grants are summer institutes, training programs for selected participants, the introduction of new or expanded courses, and similar instructional undertakings that are separately budgeted and accounted for by the sponsoring institution. These grants do not usually support activities involving research, development, and dissemination of new educational materials and methods. Training grants largely implement previously developed materials and methods and require no significant adaptation of techniques or instructional services to fit different circumstances. (b) The Secretary uses the definition in paragraph (a) of this section to determine which grants are educational training grants. (c)(1) Indirect cost reimbursement on a training grant is limited to the lesser of the recipient's approved indirect cost rate, or 8 percent of the modified total direct cost (MTDC) base. MTDC is defined in 2 CFR 200.1. (2) If the grantee does not have a federally recognized indirect cost rate agreement on the date on which the training grant is awarded, the grantee may elect to use the temporary indirect cost rate authorized under § 75.560(d)(3) or a rate of 8 percent of the MTDC base. The de minimis rate may not be used on educational training programs. (i) If the grantee has established a threshold for equipment that is lower than the amount specified in the Uniform Guidance, the grantee must use that threshold to exclude equipment from the MTDC base. (ii) For purposes of the MTDC base and application of the 8 percent rate, MTDC includes up to the amount specified in the definition of MTDC in the Uniform Guidance of each subaward, each year. (3) The 8 percent indirect cost rate reimbursement limit specified in paragraph (c)(1) of this section also applies when subrecipients issue subawards that fund training, as determined by the Secretary under paragraph (b) of this section. (4) The 8 perc… | |||||
| 34:34:1.1.1.1.21.5.53.17 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | E | Subpart E—What Conditions Must Be Met by a Grantee? | § 75.563 Restricted indirect cost rate or cost allocation plans—programs covered. | ED | [89 FR 70330, Aug. 29, 2024] | If a grantee or subgrantee decides to charge indirect costs to a program that is subject to a statutory prohibition on using Federal funds to supplant non-Federal funds, the grantee must— (a) Use a negotiated restricted indirect cost rate or restricted cost allocation plan compliant with 34 CFR 76.564 through 76.569; or (b) Elect to use an indirect cost rate of 8 percent of the modified total direct costs (MTDC) base if the grantee or subgrantee does not have a negotiated restricted indirect cost rate. MTDC is defined in 2 CFR 200.1. If the Secretary determines that the grantee or subgrantee would have a lower rate under 34 CFR 76.564 through 76.569, the lower rate must be used on the affected program. (c) If the grantee has established a threshold for equipment that is lower than the amount specified in the Uniform Guidance, the grantee must use that threshold to exclude equipment from the MTDC base. (d) For purposes of the MTDC base and application of the 8 percent rate, MTDC includes up to the amount specified in the definition of MTDC in the Uniform Guidance of each subaward, each year. | |||||
| 34:34:1.1.1.1.21.5.53.18 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | E | Subpart E—What Conditions Must Be Met by a Grantee? | § 75.564 Reimbursement of indirect costs. | ED | [59 FR 59583, Nov. 17, 1994, as amended at 72 FR 69148, Dec. 7, 2007; 89 FR 70331, Aug. 29, 2024] | (a) Reimbursement of indirect costs is subject to the availability of funds and statutory or administrative restrictions. (b) The application of the negotiated indirect cost rate (determination of the direct cost base) or cost allocation plan (charging methodology) must be in accordance with the agreement/plan approved by the grantee's cognizant agency. (c) Indirect cost reimbursement is not allowable under grants for— (1) Fellowships and similar awards if Federal financing is exclusively in the form of fixed amounts such as scholarships, stipend allowances, or the tuition and fees of an institution; (2) Construction grants; (3) Grants to individuals; (4) Grants to organizations located outside the territorial limits of the United States; (5) Grants to Federal organizations; and (6) Grants made exclusively to support conferences. (d) Indirect cost reimbursement on grants received under programs with statutory restrictions or other limitations on indirect costs must be made in accordance with the restrictions in 34 CFR 76.564 through 76.569 and other applicable restrictions. (e)(1) Indirect costs for a group of eligible parties (See §§ 75.127 through 75.129) are limited to the amount derived by applying the rate of the applicant, or a restricted rate when applicable, to the direct cost base of the grant in keeping with the terms of the applicant's federally recognized indirect cost rate agreement and program requirements. (2) If a group of eligible parties applies for a training grant under the group application procedures in §§ 75.127 through 75.129, the grant funds allocated among the members of the group are not considered subawards for the purposes of applying the indirect cost rate in § 75.562(c). | |||||
| 34:34:1.1.1.1.21.5.53.19 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | E | Subpart E—What Conditions Must Be Met by a Grantee? | § 75.580 Coordination with other activities. | ED | [45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 57 FR 30339, July 8, 1992; 89 FR 70331, Aug. 29, 2024] | A grantee shall, to the extent possible, coordinate its project with other activities that are in the same geographic area served by the project and that serve similar purposes and target groups. | |||||
| 34:34:1.1.1.1.21.5.54.20 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | E | Subpart E—What Conditions Must Be Met by a Grantee? | § 75.590 Evaluation by the grantee. | ED | [78 FR 49354, Aug. 13, 2013, as amended at 89 FR 70331, Aug. 29, 2024] | (a) If the application notice for a competition required applicants to describe how they would evaluate their projects, each grantee under that competition must demonstrate to the Department that— (1) The evaluation meets the standards of the evaluation in the approved application for the project; and (2) The performance measurement data collected by the grantee and used in the evaluation meet the performance measurement requirements of the approved application. (b) If the application notice for a competition did not require applicants to describe how they would evaluate their projects, each grantee must provide information in its performance report demonstrating— (1) The progress made by the grantee in the most recent budget period, including progress based on the performance measurement requirements for the grant, if any; (2) The effectiveness of the grant, including fulfilling the performance measurement requirements of the approved application, if any; and (3) The effect of the project on the participants served by the project, if any. (c) An application notice for a competition may require each grantee under that competition to do one or more of the following: (1) Conduct an independent evaluation; (2) Make public the final report, including results of any required independent evaluation; (3) Ensure that the data from the independent evaluation are made available to third-party researchers consistent with the requirements in 34 CFR part 97, Protection of Human Subjects, and other applicable laws; (4) Submit the final evaluation to the Education Resources Information Center (ERIC), which is administered by the Institute of Education Sciences; or (5) Submit the final performance report under the grant to ERIC. | |||||
| 34:34:1.1.1.1.21.5.54.21 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | E | Subpart E—What Conditions Must Be Met by a Grantee? | § 75.591 Federal evaluation—cooperation by a grantee. | ED | [89 FR 70331, Aug. 29, 2024] | A grantee must cooperate in any evaluation of the program by the Secretary. If requested by the Secretary, a grantee must, among other types of activities— (a) Cooperate with the collection of information, including from all or a subset of subgrantees and potential project beneficiaries, including both participants and non-participants, through surveys, observations, administrative records, or other data collection and analysis methods. This information collection may include program characteristics, including uses of program funds, as well as beneficiary characteristics, participation, and outcomes; and (b) Pilot its Department-funded activities with a subset of subgrantees, potential project beneficiaries, or eligible participants and allow the Department or its agent to randomly select the subset for the purpose of providing a basis for an experimental evaluation that could meet What Works Clearinghouse standards, with or without reservations. | |||||
| 34:34:1.1.1.1.21.5.54.22 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | E | Subpart E—What Conditions Must Be Met by a Grantee? | § 75.592 Federal evaluation—satisfying requirement for grantee evaluation. | ED | If a grantee cooperates in a Federal evaluation of a program, the Secretary may determine that the grantee meets the evaluation requirements of the program, including § 75.590. | ||||||
| 34:34:1.1.1.1.21.5.56.23 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | E | Subpart E—What Conditions Must Be Met by a Grantee? | § 75.600 Applicability of using grant funds for construction or real property. | ED | [89 FR 70331, Aug. 29, 2024] | (a) As used in this section, the terms “construction” and “minor remodeling” have the meanings given those terms in 34 CFR 77.1(c). (b) Except as provided in paragraph (c) of this section, §§ 75.600 through 75.618 apply to— (1) An applicant that requests funds for construction or real property acquisition; and (2) A grantee whose grant includes funds for construction or real property acquisition. (c) Sections 75.600 through 75.618 do not apply to grantees in— (1) Programs prohibited from using funds for construction or real property acquisition under § 75.533; and (2) Projects determined by the Secretary to be minor remodeling under 34 CFR 77.1(c). | |||||
| 34:34:1.1.1.1.21.5.56.24 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | E | Subpart E—What Conditions Must Be Met by a Grantee? | § 75.601 Approval of the construction. | ED | [89 FR 70331, Aug. 29, 2024] | (a) The Secretary approves a direct grantee construction project— (1) When the initial grant application is approved; or (2) After the grant has been awarded. (b) A grantee may not advertise or place the construction project on the market for bidding until after the Secretary has approved the project. | |||||
| 34:34:1.1.1.1.21.5.56.25 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | E | Subpart E—What Conditions Must Be Met by a Grantee? | § 75.602 Planning the construction. | ED | [89 FR 70331, Aug. 29, 2024] | (a) In planning the construction project, a grantee— (1) Must ensure that the design is functional, economical, and not elaborate in design or extravagant in the use of materials compared with facilities of a similar type constructed in the State or other applicable geographic area; (2) May consider excellence of architecture and design and inclusion of works of art. A grantee must not spend more than 1 percent of the cost of the project on works of art; and (3) May make reasonable provision, consistent with the other uses to be made of the construction, for areas that are adaptable for artistic and other cultural activities. (b) In developing the proposed budget for the construction project, a grantee— (1) Must ensure that sufficient funds are available to meet any non-Federal share of the cost of the construction project; (2) May include sufficient funds for commissioning of energy, HVAC, and water systems and to train personnel in the proper operation of such building systems; (3) For new construction and major rehabilitation projects, may consider life-cycle cost analysis for major design decisions to the extent possible; (4) May budget for reasonable and predictable contingency costs consistent with 2 CFR 200.433; and (5) May budget for school and community education about the construction project including its energy, environmental, and health features and benefits. (c) Prior to approving a construction project under § 75.601, the Secretary considers a grantee's compliance with the following requirements, as applicable: (1) Title to site (§ 75.610). (2) Environmental impact assessment (§ 75.611). (3) Avoidance of flood hazards (§ 75.612). (4) Compliance with the Coastal Barrier Resources Act (§ 75.613). (5) Preservation of historic sites (§ 75.614). (6) Build America, Buy America Act (§ 75.615). (7) Energy conservation (§ 75.616). (8) Access for individuals with disabilities (§ 75.617). (9) Safety and health standards (§ 75.618). | |||||
| 34:34:1.1.1.1.21.5.56.26 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | E | Subpart E—What Conditions Must Be Met by a Grantee? | § 75.603 Beginning the construction. | ED | [89 FR 70331, Aug. 29, 2024] | (a) A grantee must begin work on the construction project within a reasonable time after the Secretary has approved the project under § 75.601. (b) A grantee must follow all applicable procurement standards in 2 CFR part 200, subpart D, when advertising or placing the project on the market for bidding. | |||||
| 34:34:1.1.1.1.21.5.56.27 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | E | Subpart E—What Conditions Must Be Met by a Grantee? | § 75.604 During the construction. | ED | [89 FR 70332, Aug. 29, 2024] | (a) A grantee must maintain competent architectural engineering supervision and inspection at the construction site to ensure that the work conforms to the approved final working specifications. (b) A grantee must complete the construction in accordance with the approved final working specifications unless a revision is approved. (c) If a revision to the timeline, budget, or approved final working specifications is required, the grantee must request prior written approval consistent with 2 CFR 200.308(h). (d) A grantee must comply with Federal laws regarding prevailing wages on construction and minor remodeling projects assisted with Department funding, including, as applicable, subchapter IV of chapter 31 of title 40, United States Code (commonly known as the “Davis-Bacon Act”; as applied through section 439 of GEPA; 20 U.S.C. 1232b) and any tribally determined prevailing wages. (e) A grantee must submit periodic performance reports regarding the construction project containing information specified by the Secretary consistent with 2 CFR 200.329(d). | |||||
| 34:34:1.1.1.1.21.5.56.28 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | E | Subpart E—What Conditions Must Be Met by a Grantee? | § 75.605 After the construction. | ED | [89 FR 70332, Aug. 29, 2024] | (a) A grantee must ensure that sufficient funds will be available for effective operation and maintenance of the facilities after the construction is complete. (b) A grantee must operate and maintain the facilities in accordance with applicable Federal, State, and local requirements. (c) A grantee must maintain all financial records, supporting documents, statistical records, and other non-Federal entity records pertinent to the construction project consistent with 2 CFR 200.334. | |||||
| 34:34:1.1.1.1.21.5.56.29 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | E | Subpart E—What Conditions Must Be Met by a Grantee? | § 75.606 Real property requirements. | ED | [89 FR 70332, Aug. 29, 2024] | (a) The Secretary approves a direct grantee real property project— (1) When the initial grant application is approved; (2) After the grant has been awarded; or (3) With the approval of a construction project under § 75.601. (b) A grantee using any grant funds for real property acquisition must— (1) Comply with the Real Property Standards of the Uniform Guidance (2 CFR 200.310 through 200.316); (2) Not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without written permission and instructions from the Secretary; (3) In accordance with agency directives, record the Federal interest in the title of the real property in the official real property records for the jurisdiction in which the facility is located and include a covenant in the title of the real property to ensure nondiscrimination; and (4) Report at least annually on the status of real property in which the Federal Government retains an interest consistent with 2 CFR 200.330. (c) A grantee is subject to the regulations on relocation assistance and real property acquisition in 34 CFR part 15 and 49 CFR part 24, as applicable. | |||||
| 34:34:1.1.1.1.21.5.56.30 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | E | Subpart E—What Conditions Must Be Met by a Grantee? | §§ 75.607-75.609 [Reserved] | ED | |||||||
| 34:34:1.1.1.1.21.5.56.31 | 34 | Education | 75 | PART 75—DIRECT GRANT PROGRAMS | E | Subpart E—What Conditions Must Be Met by a Grantee? | § 75.610 Title to site. | ED | [89 FR 70332, Aug. 29, 2024] | A grantee must have or obtain a full title or other interest in the site (such as a long-term lease), including right of access, that is sufficient to ensure the grantee's undisturbed use and possession of the facilities for at least 25 years after completion of the project or for the useful life of the construction, whichever is longer. |
Advanced export
JSON shape: default, array, newline-delimited, object
CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);