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Title I/LAP Spring Workshop March 2008

The EDGAR (Education Department General Administrative Regulations) framework outlines critical guidelines for state-administered education programs in the United States. This document details application processes for federal grants, eligibility criteria, distribution mechanisms for state funds, and administrative responsibilities of states and subgrantees. It emphasizes compliance with federal statutes to ensure nondiscrimination and proper use of funds. This comprehensive overview is essential for educators, administrators, and policymakers involved in educational funding and program implementation.

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Title I/LAP Spring Workshop March 2008

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  1. Title I/LAP Spring WorkshopMarch 2008

  2. Getting EDGAR Education Department General Administrative Regulations (EDGAR) http://www.ed.gov/policy/fund/reg/edgarReg/edgar.html

  3. 34 CFR § 76State Administered Programs • Subpart A—General • Subpart B—How a State Applies for a Grant • Subpart C—How a Grant is Made to a State • Subpart D—How to Apply to the State for a Subgrant • Subpart E—How a Subgrant is Made to an Applicant • Subpart F—What Conditions Must Be Met By the State and Its Subgrantees? • Subpart G—What Are the Administrative Responsibilities of the State and Its Subgrantees? • Subpart H—How Does a State or District Allocate Funds to Charter Schools? • Subpart I—What Procedures Does the Secretary Use to Get Compliance?

  4. 34 CFR Part 76Subpart A-General • 76.1 • Definition—State Formula Grant—a program whose authorizing statute or implementing regulations provide a formula for allocating program funds among eligible states • Regulations • Program implementation regulations, if available • Authorizing statute consistent with General Education Provisions Act (GEPA) • Regulations in 34 Part 76 • Applies to all state-administered ED programs

  5. 34 CFR Part 76Subpart A-General • 76.2—Exceptions to this part • Will be identified in the implementing regulations of individual programs • If not identified in program’s implementing regulations, 34 CFR provisions apply

  6. 34 CFR Part 76Subpart A-General • 76.50—Eligibility • ED Secretary makes grant to appropriate state agency (usually OSPI) • Authorizing statute determines extent • Grant used directly by OSPI • Passed to eligible districts • 76.52—Distribution (competitive, formula, or both) • Dictated by program statute

  7. 34 CFR Part 76Subpart A-General • 76.52—Eligibility of faith-based organizations • Apply for and receives on same basis with other private organizations • State may not discriminate (same basis) • Religious activities must be offered at separate time/location

  8. 34 CFR Part 76Subpart D-Application • 76.300—Contact State for Procedures • Most are available in iGrants • 76.301—District Application (iGrants) • Must meet section 422 of General Education Provisions Act (GEPA) • 76.302—Notice to districts • Amount-iGrants • Period of obligation-iGrants • Requirements of grant

  9. 34 CFR Part 76Subpart D-Application • 76.303—Joint applications and projects • If permitted by state • May not exceed formula amount for those included • Follow requirements • Accounting system must permit identification of costs of grant

  10. 34 CFR Part 76Subpart D-Application • 76.304—District to make application available to public (includes private schools) • Includes • Application • Evaluation • Periodic program plan • Report related to program

  11. 34 CFR Part 76Subpart E-Application • 76.400—State procedures for reviewing an application • OSPI must review applications • Entitlement programs approved if • Applicant eligible, AND • Meets federal requirements and statues of program • Discretionary programs approved if • Applicant eligible • Applicant meets federal statutes and regulations • State determines project submitted should be funded

  12. 34 CFR Part 76Subpart D-Application • 76.401—Disapproval of application—opportunity for hearing • Programs for which district may request hearing before state disapproves application • Title I, Part A • Title I, Part D • Title II, Part A • IDEA, Part B • IDEA, Section 619 • Title III

  13. 34 CFR Part 76Subpart F-Conditions • 76.500—Federal statutes and regulations on nondiscrimination • Must comply with • Nondiscrimination on the basis of race, color or national origin (34 CFR Section 100) • Nondiscrimination on the basis of sex (34 CFR section 106) • Nondiscrimination on the basis of handicap (34 CFR section 104) • Nondiscrimination on the basis of age (34 CFR section 90)

  14. 34 CFR Part 76Subpart F-Conditions • 76.530—General cost principles • 34 CFR 74.27 and 34 • 34 CFR 80.22 • 76.532—Prohibits using funds for religion • Specifically prohibited • Religious worship, instruction, proselytization • Equipment or supplies for above • Construction, remodeling, repair, operation, or maintenance of facilities used for above purposes

  15. 34 CFR Part 76Subpart F-Conditions • 76.533—Acquistion of real property; construction • Not allowed unless specifically permitted by authorizing statute or implementing regulations • 76.534—Tuition and fees • May not be used to meet matching, cost sharing or maintenance of effort requirements of a program

  16. 34 CFR Part 76Subpart F-Conditions • 76.560-.561—Indirect cost rates • Governed by 34 CFR Section 80.22 which specifies OMB Circular A-87 should be followed • Must have current indirect cost rate agreement to charge indirect costs to a grant • School Apportionment and Financial Services has such an agreement and calculates these on behalf of districts based F-196 • Incorporated into iGrants

  17. 34 CFR Part 76Subpart F-Conditions • 76.563—Restricted indirect cost rate • Must be used for all programs with statutory requirement prohibiting use of federal funds to supplant non-federal funds • 76.564-569—Formula for indirect cost rate • SAFS computes this based upon data in the F-196 • See also Accounting, Budgeting and Financial Reporting at http://www.k12.wa.us/safs/INS/ABF/0708/BP5.pdf

  18. 34 CFR Part 76Subpart F-Conditions • 76.580—Coordination with other activities • Coordinate each project with other activities that are in the same geographic area served by the project and that serve similar purposes and target groups • 76.591-.592—Districts to cooperate during federal evaluations • 76.600—Construction regulations • Must be followed if authorizing statute permits use of funds for this purpose

  19. 34 CFR Part 76Subpart F-Conditions Private School Participation [76.650-.677] • 76.650—Private school participation • Follow if authorizing statute requires • 76.651—Responsibilities • Equitable participation • District retains administrative direction and control over funds and property used to benefit private school students

  20. 34 CFR Part 76Subpart F-Conditions • 76.652—Consultation with Private Schools • Consult with representatives of students during all phases of development and design of program and provide a genuine opportunity for input. Include- • Which children will receive benefits • How needs of children identified • What benefits provided • How benefits provided • How program evaluated

  21. 34 CFR Part 76Subpart F—Conditions • 76.653—Needs, number of students, and types of services • Comparable to public school students • 76.654—Benefits for private school students • Comparable in quality, scope, and opportunity to participate • 76.656—Level of expenditures for private school students • Same average amount

  22. 34 CFR Part 76Subpart F-Conditions • 76.656—Application requirements • Description of services provided to private schools • Number of private school students eligible • Number of private school students served • Basis of selection • Places and times of services • Differences between services in private and public schools and reasons for differences

  23. 34 CFR Part 76Subpart F-Conditions • 76.657—Separate classes prohibited • If at same site and contain both public and private school students • 76.658—Funds not to benefit private school • Cannot finance existing level of instruction or benefit private school • Program to meet specific needs of eligible students

  24. 34 CFR Part 76Subpart F-Conditions • 76.659—Use of public school personnel • May be used to provide equitable program benefits to private school students only if not normally provided by private school • 76.660—Use of private school personnel • May use program funds only if services performed outside regular hours of duty and under the public school supervision and control

  25. 34 CFR Part 76Subpart F-Conditions • 76.661—Equipment and supplies • If permitted by program, public school keeps title • Placed only for time needed for program • Used only for program • Can be removed without remodeling • Removed if no longer needed for program or needed or to prohibit use for other than program purposes

  26. 34 CFR Part 76Subpart F-Conditions • 76.662—Construction • Program funds cannot be used for construction of private school facilities • 76.670-.677—Bypass • 76.681—Protection of human subjects • 76.682—Treatment of animals • 76.683—Facility health or safety standards

  27. 34 CFR Part 76Subpart G—Administrative Responsibilities • 76.700—Comply with statutes, regulations, state plan and applications • 76.701—State administers and supervises • 76.702—Fiscal control and fund accounting procedures • Must insure proper disbursement and accounting • 76.703—When State may obligate funds • 76.704—State plans

  28. 34 CFR Part 76Subpart G—Administrative Responsibilities • 76.707—When obligations are made

  29. 34 CFR Part 76Subpart G—Administrative Responsibilities • 76.708—When obligation of funds begins • Formula grants, later of • Date state may begin obligation • Date application submitted in substantially approvable form • Subject to final approval of application • State may approve pre-agreement costs

  30. 34 CFR Part 76Subpart G—Administrative Responsibilities • 76.709—Obligation during carryover period • Funds not used during year for which appropriated or carryover period shall be returned to the federal government • 76.710—Obligations during carryover period subject to statutes, regulations and applications • 76.711—Identification by CFDA number • Catalog of Federal Domestic Assistance

  31. 34 CFR Part 76Subpart G—Administrative Responsibilities • 76.720—State financial and performance reports • 76.722—District reports required by OSPI • OSPI may require district to submit reports to enable the agency to meet its reporting responsibilities

  32. 34 CFR Part 76Subpart G—Administrative Responsibilities • 76.730—Records related to grant funds • Must keep records that show • Amount of grant funds • Use of grant funds • Total cost of program • Share of program cost from other sources • Other records to facilitate an effective audit • 76.731—Records related to compliance • Must keep records showing program compliance

  33. 34 CFR Part 76Subpart G—Administrative Responsibilities • 76.740—Protection of and access to student records; student rights in research, experimental programs and testing • Records governed under GEPA section 438; 34 CFR part 99 • Research, testing and experimentation governed under GEPA section 439; 34 CFR part 98

  34. 34 CFR Part 76Subpart G—Administrative Responsibilities • 76.760—Single activity may be supported by more than one program • If district complies with requirement of each program and state has an accounting system the permits identification of costs paid for under each program • 76.761—Federal funds may pay 100% of costs • If no matching of funds is required and authorizing statute and implementing regulations permit

  35. 34 CFR Part 76Subpart G—Administrative Responsibilities • 76.770—State shall have procedures to ensure compliance • Reviewing and approving applications and any amendments • Providing technical assistance • Evaluating • Other as necessary to ensure compliance • 76.783—District may request hearing

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