As with LEA X, the percentage of payments under the Act that may be taken into consideration for LEA Y is 50 percent (550/1100). If LEA Y receives $150 per pupil in payments under the Act, then up to $75 per pupil normally could be taken into consideration. However, since LEA Y would have received only $50 per pupil in State aid, only $50 of the allowable $75 could be taken into consideration. Thus, LEA Z may be regarded as contributing $600 per pupil under the program and State B would not contribute any State aid.

Subpart L—Impact Aid Discretionary Construction Grant Program Under Section 8007(b) of the Act


§ 76.126

  What regulations apply to the consolidated grant applications for insular areas?

  The following regulations apply to those programs included in a consolidated grant:

  (a) The regulations in §§ 76.125 through 76.137; and

  (b) The regulations that apply to each specific program included in a consolidated grant for which funds are used.

  (Authority: 48 U.S.C. 1469a)

  [47 FR 17421, Apr. 22, 1982]


§ 101.56

  Motions.

  Motions and petitions shall state the relief sought, the authority relied upon, and the facts alleged. If made before or after the hearing, these matters shall be in writing. If made at the hearing, they may be stated orally; but the presiding officer may require that they be reduced to writing and filed and served on all parties in the same manner as a formal motion. Motions, answers, and replies shall be addressed to the presiding officer, if the case is pending before him. A repetitious motion will not be entertained.


This requirement, like its predecessor in the proposed regulation, does not obligate an institution to waive course or other academic requirements. But such institutions must accommodate those requirements to the needs of individual handicapped students. For example, an institution might permit an otherwise qualified handicapped student who is deaf to substitute an art appreciation or music history course for a required course in music appreciation or could modify the manner in which the music appreciation course is conducted for the deaf student. It shoud be stressed that academic requirements that can be demonstrated by the recipient to be essential to its program of instruction or to particular degrees need not be changed.

  Paragraph (b) provides that postsecondary institutions may not impose rules that have the effect of limiting the participation of handicapped students in the education program.


(Authority: 20 U.S.C. 7707(b))

    § 222.173

    What activities will not receive funding under a Discretionary Construction grant?

    The Secretary does not fund the following activities under a Discretionary Construction grant:

    (a) Improvements to facilities for which the LEA does not have full title or other interest, such as a lease-hold interest.

    (b) Improvements to or repairs of school grounds, such as environmental remediation, traffic remediation, and landscaping, that do not directly involve instructional facilities.

    (c) Repair, renovation, alteration, or construction for stadiums or other facilities that are primarily used for athletic contests, exhibitions, and other events for which admission is charged to the general public.


(Authority: 20 U.S.C. 7704(e))

    § 222.110

    What are the procedures for conducting a hearing on a local educational agency's Indian policies and procedures?

    Hearings on IPP complaints filed by an Indian tribe or tribes against an LEA are conducted as follows:

    (a) The hearing must be open to the public.

    (b) Parties may be represented by counsel.

    (c)(1) Each party may submit oral and written testimony that is relevant to the issues in the proceeding and make recommendations concerning appropriate remedial actions.

    (2) A party may object to evidence it considers to be irrelevant or unduly repetitious.


When used in this part, record means only a record which is in a system of records.

(i) Responsible Department official means that officer who is listed in a notice of a system of records as the system manager for a given system of records or another individual listed in the notice of a system of records to whom requests may be made, or the designee of either such officer or individual.

(j) Routine use means the disclosure of a record outside the Department, without the consent of the subject individual, for a purpose which is compatible with the purpose for which the record was collected. It includes disclosures required to be made by statute other than the Freedom of Information Act, 5 U.S.C. 552.


(2) A party may object to evidence it considers to be irrelevant or unduly repetitious.

    (d) No party shall communicate orally or in writing with the hearing examiner or the Assistant Secretary on matters under review, except minor procedural matters, unless all parties to the complaint are given—

    (1) Timely and adequate notice of the communication; and

    (2) Reasonable opportunity to respond.

    (e) For each document that a party submits, the party shall—

    (1) File one copy for inclusion in the record of the proceeding; and

    (2) Provide a copy to each of the other parties to the proceeding.

    (f) Each party shall bear only its own costs in the proceeding.

    (Authority: 20 U.S.C.


(Authority: 20 U.S.C. 8065a)


7, 1986]

  § 30.25

  How may a debtor obtain an oral hearing?

  (a) If a debtor wants the Secretary to conduct the review requested under § 30.24 as an oral hearing, the debtor must file a written request for an oral hearing together with the request for review filed under § 30.24(a).


(ii) Provide one year of induction services, during the award period, to participants after graduation, certification, or licensure, while they are completing their first year of work as administrators in schools with significant Indian student populations; and

  (iii) Include goals for the—

  (A) Number of participants to be recruited each year;

  (B) Number of participants to continue in the project each year;

  (C) Number of participants to graduate each year; and

  (D) Number of participants to find qualifying jobs within twelve months of completion.

  (3) Letter of support.


(b) In the event that a hearing shall be requested pursuant to paragraph (a) of this section, the hearing procedures established by this part shall be applicable to the proceedings, except as otherwise provided in this section.

Subpart M—Definitions

  § 101.131

  Definitions.

  The definitions contained in § 100.13 of this subtitle apply to this part, unless the context otherwise requires, and the term “reviewing authority” as used herein includes the Secretary of Education, with respect to action by that official under § 101.106.

    Transition provisions: (a) The amendments herein shall become effective upon publication in the Federal Register.


In these instances, paragraph (b) specifies certain safeguards that must be followed by the employer.

  Finally, the revised provision allows an employer to condition offers of employment to handicapped persons on the results of medical examinations, so long as the examinations are administered to all employees in a nondiscriminatory manner and the results are treated on a confidential basis.

  19. Specific acts of Discrimination. Sections 104.15 (recruitment), 104.16 (compensation), 104.17 (job classification and structure) and 104.18 (fringe benefits) have been deleted from the regulation as unnecessarily duplicative of § 104.11 (discrimination prohibited).


(d) Where a waiver of repayment is authorized by law, the employee's right to request a waiver;

(e) The Department's intention to deduct 15 percent of the employee's disposable pay, or a specified amount if the disposable pay is severance pay and/or a lump sum annual leave payment, to recover the overpayment if a waiver is not granted by the Secretary and the employee fails to repay the overpayment or enter into a written repayment agreement;

(f) The amount, frequency, approximate beginning date and duration of the intended deduction;

(g) If Government records on which the determination of overpayment are not attached, how those records will be made available to the employee for inspection and copying;


(b) If you dispute the existence or amount of the debt, you must prove by a preponderance of the credible evidence that—

(1) No debt exists;

(2) The amount we claim to be owed on the debt is incorrect, or

(3) You are not delinquent with respect to the debt.

(c)(1) If you object that the proposed garnishment rate would cause financial hardship, you bear the burden of proving by a preponderance of the credible evidence that withholding the amount of wages proposed in the notice would leave you unable to meet the basic living expenses of you and your dependents.

(2) The standards for proving financial hardship are those in § 34.24.


(e) The ALJ may refuse to consider any motion, request, response, brief, or other document that is not filed in a timely fashion.

(Authority: 31 U.S.C. 3803(g)(2))

§ 33.30

The hearing and burden of proof.

(a) The ALJ shall conduct a hearing on the record in order to determine whether the defendant is liable for a civil penalty or assessment under § 33.3 and, if so, the appropriate amount of the civil penalty or assessment considering any aggravating or mitigating factors.

(b) The Department shall prove a defendant's liability and any aggravating factors by a preponderance of the evidence.

(c) The defendant shall prove any affirmative defenses and any mitigating factors by a preponderance of the evidence.

(d) The hearing must be open to the public unless otherwise ordered by the ALJ for good cause shown.

(Authority: 31 U.S.C. 3803 (f), (g)(2))


For the purpose of this determination, the requirements of this subpart apply.

(Authority: 5 U.S.C. 504(a), (b)(1)(A), and (b)(1)(E))

§ 21.51

Initial decision in applications not subject to the CRRA.

(a) In applications not subject to the jurisdiction of the CRRA, the adjudicative officer shall issue an initial decision on an application within 30 days after completion of proceedings on the application.

(b) The initial decision must include the following:


(a) An award, compromise or settlement of a claim hereunder in excess of $25,000 shall be effected only with the prior written approval of the Attorney General or his designee. For the purposes of this paragraph, a principal claim and any derivative or subrogated claim shall be treated as a single claim.


including the evidence upon which the recipient does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation. Prior to completion of the investigative report, the recipient must send to each party and the party's advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy, and the parties must have at least 10 days to submit a written response, which the investigator will consider prior to completion of the investigative report.


Code 1051-1053; 80 Stat. 1027-1028).

31. Faculty development programs, workshops and institutes (20 U.S.C. 1131-1132).

32. National Technical Institute for the Deaf (20 U.S.C. 681-685).

33. Institutes and other programs for training educational personnel (parts D, E, and F, Title V, Higher Education Act of 1965) (20 U.S.C. 1119-1119c-4).

34. Grants and contracts for research and demonstration projects in librarianship (20 U.S.C. 1034).

35. Acquisition of college library resources (20 U.S.C. 1021-1028).


and

  (4) The LEA is not in a State that takes the LEA's payment under section 8003(b)(1)(F) into account in an equalization program that qualifies under section 8009 of the Act.

  (b)(1) As part of its section 8003 application, the LEA indicates in writing that it wishes to apply for an “unusual geographic” payment and it will provide the Secretary with documentation upon request that demonstrates that the LEA is unable to provide a level of education equivalent to that provided by its generally comparable LEAs because—

  (i) The applicant's current expenditures are affected by unusual geographic factors; and

  (ii) As a result, those current expenditures are not reasonably comparable to the current expenditures of its generally comparable LEAs.


(2) If, as a result of the hearing, the educational agency or institution decides that the information in the education record is not inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it shall inform the parent or eligible student of the right to place a statement in the record commenting on the contested information in the record or stating why he or she disagrees with the decision of the agency or institution, or both.


A copy of the list is available from the Office for Human Research Protections, HHS, or any successor office.

(b)(1) An IRB may use the expedited review procedure to review the following:

(i) Some or all of the research appearing on the list described in paragraph (a) of this section, unless the reviewer determines that the study involves more than minimal risk;

(ii) Minor changes in previously approved research during the period for which approval is authorized; or

(iii) Research for which limited IRB review is a condition of exemption under § 97.104(d)(2)(iii), (d)(3)(i)(C), and (d)(7) and (8).


Related services as defined in 34 CFR 300.34.

    Special education as defined in 34 CFR 300.39.

  [80 FR 33166, June 11, 2015, as amended at 82 FR 31912, July 11, 2017]

  § 222.51

  Which children may a local educational agency count for payment under section 8003(d) of the Act?


Subpart D—Investigation, Conciliation, and Enforcement Procedures

§ 110.30

Compliance reviews.

(a) ED may conduct compliance reviews, pre-award reviews, and other similar procedures that permit ED to investigate and correct violations of the Act and of these regulations. ED may conduct these reviews in the absence of a complaint against a recipient. The review may be as comprehensive as necessary to determine whether a violation of these regulations occurred.

(b) If a compliance review or pre-award review indicates a violation of the Act or these regulations, ED attempts to achieve voluntary compliance with the Act. If voluntary compliance cannot be achieved, ED arranges for enforcement as described in § 110.35.

(Authority: 42 U.S.C. 6103)


upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff and rehiring;

  (3) Rates of pay or any other form of compensation and changes in compensation;

  (4) Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists;

  (5) Leaves of absense, sick leave, or any other leave;

  (6) Fringe benefits available by virtue of employment, whether or not administered by the recipient;

  (7) Selection and financial support for training, including apprenticeship, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training;

  (8) Employer sponsored activities,


(Authority: 20 U.S.C. 1221e-3 and 3474)

  § 76.655

  Level of expenditures for students enrolled in private schools.

  (a) Subject to paragraph (b) of this section, a subgrantee shall spend the same average amount of program funds on:

  (1) A student enrolled in a private school who receives benefits under the program; and

  (2) A student enrolled in a public school who receives benefits under the program.

  (b) The subgrantee shall spend a different average amount on program benefits for students enrolled in private schools if the average cost of meeting the needs of those students is different from the average cost of meeting the needs of students enrolled in public schools.

  (Authority: 20 U.S.C. 1221e-3 and 3474)


§ 3.1

Definitions.

For the purposes of this part:

(a) ED means all organizational units of the Department of Education.

(b) Embossing Seal means a display of the form and content of the Official Seal made on a die so that the Seal can be embossed on paper or other media.

(c) Official Seal means the original(s) of the Seal showing the exact form, content, and colors.

(d) Replica means a copy of the Official Seal displaying the identical form, content, and colors.

(e) Reproduction means a copy of the Official Seal displaying the form and content, reproduced in only one color.

(f) Secretary means the Secretary of Education.


(b) Except for an LEA described in § 222.63(a) or (d), or § 222.64(b) or (c), the LEA meets the applicable tax rate requirement in accordance with the procedures and requirements of §§ 222.68 through 222.74.

  (Authority: 20 U.S.C. 7703(b)(2))

  § 222.66

  How does a local educational agency lose and resume eligibility under section 8003(b)(2)?


(2) [Reserved.]

(g) An IRB shall have authority to observe or have a third party observe the consent process and the research.

(Approved by the Office of Management and Budget under Control Number 0990-0260)

§ 97.110

Expedited review procedures for certain kinds of research involving no more than minimal risk, and for minor changes in approved research.

(a) The Secretary of HHS has established, and published as a Notice in the Federal Register, a list of categories of research that may be reviewed by the IRB through an expedited review procedure.


106.44

  Recipient's response to sexual harassment.

  106.45

  Grievance process for formal complaints of sexual harassment.

  106.46

  Severability.

  Subpart E—Discrimination on the Basis of Sex in Employment in Education Programs or Activities Prohibited

  106.51

  Employment.

  106.52

  Employment criteria.

  106.53

  Recruitment.

  106.54

  Compensation.

  106.55

  Job classification and structure.

  106.56

  Fringe benefits.

  106.57

  Marital or parental status.

  106.58

  Effect of State or local law or other requirements.

  106.59

  Advertising.

  106.60

  Pre-employment inquiries.

  106.61

  Sex as a bona-fide occupational qualification.

  106.62

  Severability.


Subpart B—How Does the Secretary Award a Grant?

  226.11

  How does the Secretary evaluate an application?

  226.12

  What selection criteria does the Secretary use in evaluating an application for a State Charter School Facilities Incentive program grant?

  226.13

  What statutory funding priority does the Secretary use in making a grant award?

  226.14

  What other funding priorities may the Secretary use in making a grant award?


The Secretary indicates in the application notice published in the Federal Register how these additional points will be distributed.

  (b) Need for assistance. The Secretary evaluates the applicant's need for assistance under this part, by considering—

  (1) The costs of fully implementing the magnet schools project as proposed;

  (2) The resources available to the applicant to carry out the project if funds under the program were not provided;

  (3) The extent to which the costs of the project exceed the applicant's resources; and

  (4) The difficulty of effectively carrying out the approved plan and the project for which assistance is sought, including consideration of how the design of the magnet school project—e.g., the type of program proposed, the location of the magnet school within the LEA—impacts on the applicant's ability to successfully carry out the approved plan.


(d) Indirect costs that are unrecovered as a result of these restrictions may not be charged directly, used to satisfy matching or cost-sharing requirements, or charged to another Federal award.

  (Authority: 20 U.S.C. 1221e-3(a)(1), 2831(a), 2974(b), and 3474)

  [59 FR 59583, Nov. 17, 1994, as amended at 79 FR 76094, Dec. 19, 2014]

  § 76.565

  General management costs—restricted rate.


and

    (ii) Allocate concentration grant funds, consistent with § 200.73, among the LEAs identified in paragraph (a)(2)(i) of this section based on the number of formula children in each of those LEAs.

    (b) If the SEA in a small State uses an alternative method under § 200.74, the SEA must use the poverty data approved under the alternative method to identify those LEAs with numbers or percentages of formula children that exceed the statewide average number or percentage of those children for the State as a whole.

    (Authority: 20 U.S.C.


(3) An LEA may submit attendance data based on sampling conducted during the previous fiscal year.

  (i) The sampling must include attendance data for all children for at least 30 school days.

  (ii) The data must be collected during at least three periods evenly distributed throughout the school year.

  (iii) Each collection period must consist of at least five consecutive school days.


(a) First, you must make a good faith effort, on a continuing basis, to maintain a drug-free workplace. You must agree to do so as a condition for receiving any award covered by this part. The specific measures that you must take in this regard are described in more detail in subsequent sections of this subpart. Briefly, those measures are to—

(1) Publish a drug-free workplace statement and establish a drug-free awareness program for your employees (see §§ 84.205 through 84.220); and

(2) Take actions concerning employees who are convicted of violating drug statutes in the workplace (see § 84.225).

(b) Second, you must identify all known workplaces under your Federal awards (see § 84.230).


(Authority: 20 U.S.C. 1232g(b)(1)(D))

(5)(i) The disclosure is to State and local officials or authorities to whom this information is specifically—

(A) Allowed to be reported or disclosed pursuant to State statute adopted before November 19, 1974, if the allowed reporting or disclosure concerns the juvenile justice system and the system's ability to effectively serve the student whose records are released; or

(B) Allowed to be reported or disclosed pursuant to State statute adopted after November 19, 1974, subject to the requirements of § 99.38.


Subpart F—Definitions

§ 84.605

Award.

  Award means an award of financial assistance by the Department of Education or other Federal agency directly to a recipient.

(a) The term award includes:

(1) A Federal grant or cooperative agreement, in the form of money or property in lieu of money.

(2) A block grant or a grant in an entitlement program, whether or not the grant is exempted from coverage under the Governmentwide rule 34 CFR Part 85 that implements OMB Circular A-102 (for availability, see 5 CFR 1310.3) and specifies uniform administrative requirements.

(b) The term award does not include:

(1) Technical assistance that provides services instead of money.

(2) Loans.

(3) Loan guarantees.


29, 1995, as amended at 80 FR 33162, June 11, 2015; 81 FR 64741, Sept. 20, 2016]

  § 222.4

  How does the Secretary determine when an application is timely filed?

  To be timely filed under § 222.3, an application must be received by the Secretary on or before the applicable filing date.

  [62 FR 35412, July 1, 1997, as amended at 80 FR 33162, June 11, 2015]


14, 2020.

  § 106.32

  Housing.

  (a) Generally. A recipient shall not, on the basis of sex, apply different rules or regulations, impose different fees or requirements, or offer different services or benefits related to housing, except as provided in this section (including housing provided only to married students).

  (b) Housing provided by recipient. (1) A recipient may provide separate housing on the basis of sex.


An SEA or consortium may also describe how it plans to enhance its capacity by collaborating with external partners that will be participating in or supporting its demonstration authority. In evaluating the extent and depth of capacity, the Secretary considers—

    (i) The SEA's analysis of how capacity influenced the success of prior efforts to develop and implement innovative assessments or innovative assessment items; and

    (ii) The strategies the SEA is using, or will use, to mitigate risks, including those identified in its analysis, and support successful implementation of the innovative assessment.


Separate Applications—Alternative Programs

  75.125

  Submit a separate application to each program.

  75.126

  Application must list all programs to which it is submitted.

  Group Applications

  75.127

  Eligible parties may apply as a group.

  75.128

  Who acts as applicant; the group agreement.

  75.129

  Legal responsibilities of each member of the group.

  Competition Exceptions

  75.135

  Competition exception for proposed implementation sites, implementation partners, or service providers.


(b) Counseling and placement services. A recipient to which this subpart applies that provides personal, academic, or vocational counseling, guidance, or placement services to its students shall provide these services without discrimination on the basis of handicap. The recipient shall ensure that qualified handicapped students are not counseled toward more restrictive career objectives than are nonhandicapped students with similar interests and abilities. This requirement does not preclude a recipient from providing factual information about licensing and certification requirements that may present obstacles to handicapped persons in their pursuit of particular careers.

  (c) Social organizations. A recipient that provides significant assistance to fraternities, sororities, or similar organizations shall assure itself that the membership practices of such organizations do not permit discrimination otherwise prohibited by this subpart.


[67 FR 71738, Dec. 2, 2002, as amended at 72 FR 17781, Apr. 9, 2007; 84 FR 31678, July 2, 2019]

  Innovative Assessment Demonstration Authority

    § 200.104

    Innovative assessment demonstration authority.

    (a) In general. (1) The Secretary may provide a State educational agency (SEA), or consortium of SEAs, with authority to establish and operate an innovative assessment system in its public schools (hereinafter referred to as “innovative assessment demonstration authority”).


(b) Limitations on fees.

(1) Fees are limited to charges for document duplication when agency records are not sought for commercial use and the request is made by—

(i) An educational or noncommercial scientific institution, whose purpose is scholarly or scientific research; or

(ii) A representative of the news media.

(2) For FOIA requests other than commercial use FOIA requests, the Department provides the first 100 pages of agency records released (or the cost equivalent) and the first two hours of search (or the cost equivalent) without charge, pursuant to 5 U.S.C. 552(a)(4)(A)(iv)(II).


§ 75.681

Protection of human research subjects.

If a grantee uses a human subject in a research project, the grantee shall protect the person from physical, psychological, or social injury resulting from the project.

(Authority: 20 U.S.C. 1221e-3 and 3474)

  Cross Reference:

  See 34 CFR part 97—Protection of Human Subjects.

§ 75.682

Treatment of animals.

If a grantee uses an animal in a project, the grantee shall provide the animal with proper care and humane treatment in accordance with the Animal Welfare Act of 1970.

(Authority: 20 U.S.C. 1221e-3 and 3474)


§ 222.51

  Which children may a local educational agency count for payment under section 8003(d) of the Act?

  (a) An LEA may count children described in sections 8003(a)(1)(A)(ii), (a)(1)(B), (a)(1)(C), and (a)(1)(D) of the Act who are eligible for services under the provisions of Part B or Part C of the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) (IDEA), for the purpose of computing a payment under section 8003(d) in accordance with the provisions of this section.


§ 106.23

  Recruitment.

  (a) Nondiscriminatory recruitment. A recipient to which this subpart applies shall not discriminate on the basis of sex in the recruitment and admission of students. A recipient may be required to undertake additional recruitment efforts for one sex as remedial action pursuant to § 106.3(a), and may choose to undertake such efforts as affirmative action pursuant to § 106.3(b).

  (b) Recruitment at certain institutions. A recipient to which this subpart applies shall not recruit primarily or exclusively at educational institutions, schools or entities which admit as students only or predominantly members of one sex, if such actions have the effect of discriminating on the basis of sex in violation of this subpart.


(c) Elementary and secondary schools. The requirements of paragraph (a) or (b) of this section with respect to any elementary or secondary school or school system shall be deemed to be satisfied if such school or school system (1) is subject to a final order of a court of the United States for the desegregation of such school or school system, and provides an assurance that it will comply with such order, including any future modification of such order, or (2) submits a plan for the desegregation of such school or school system which the responsible Department official determines is adequate to accomplish the purposes of the Act and this part, at the earliest practicable time, and provides reasonable assurance that it will carry out such plan;


(2) An LEA may submit its total preceding year ADA data. The Secretary uses these data to calculate the ADA of the LEA's federally connected children by—

  (i) Dividing the LEA's preceding year's total ADA data by the preceding year's total membership data; and

  (ii) Multiplying the figure determined in paragraph (c)(2)(i) of this section by the LEA's total membership of federally connected children as described in paragraph (c)(1)(i) of this section.

  (3) An LEA may submit attendance data based on sampling conducted during the previous fiscal year.

  (i) The sampling must include attendance data for all children for at least 30 school days.


§ 200.87

  Responsibilities for participation of children in private schools.

  An SEA and its operating agencies must conduct programs and projects under this subpart in a manner consistent with the basic requirements of section 8501 of the ESEA.

  [67 FR 71736, Dec. 2, 2002, as amended at 84 FR 31677, July 2, 2019]

  § 200.88

  Exclusion of supplemental State and local funds from supplement, not supplant and comparability determinations.


(b) Exemptions in § 97.101(b)(1) and (b)(3) through (b)(6) are applicable to this subpart. The exemption in § 97.101(b)(2) regarding educational tests is also applicable to this subpart. The exemption in § 97.101(b)(2) for research involving survey or interview procedures or observations of public behavior does not apply to research covered by this subpart, except for research involving observation of public behavior when the investigator or investigators do not participate in the activities being observed.

(c) The exceptions, additions, and provisions for waiver as they appear in § 97.101(c) through (i) are applicable to this subpart.

(Authority: 5 U.S.C.


rather than reflecting the student's impaired sensory, manual, or speaking skills (except where those skills are the factors that the test purports to measure).

  (c) Placement procedures. In interpreting evaluation data and in making placement decisions, a recipient shall (1) draw upon information from a variety of sources, including aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background, and adaptive behavior, (2) establish procedures to ensure that information obtained from all such sources is documented and carefully considered, (3) ensure that the placement decision is made by a group of persons, including persons knowledgeable about the child, the meaning of the evaluation data, and the placement options, and (4) ensure that the placement decision is made in conformity with § 104.34.


(vii) Deny a person the opportunity to participate as a member of a planning or advisory body which is an integral part of the program.


(Authority: 5 U.S.C. 556(e), 557(c); 20 U.S.C. 1221e-3(a)(1), 1234(f)(1), 3474(a))

[54 FR 19512, May 5, 1989, as amended at 58 FR 43473, Aug. 16, 1993]


(7) The method or sources of data that the LEA will use under § 200.64(a) to determine the number of private school children from low-income families residing in participating public school attendance areas, including whether the LEA will extrapolate data if a survey is used.

    (8) Whether the LEA will provide services directly or through a separate government agency, consortium, entity, or third-party contractor.


(Authority: Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682)

    Effective Date Note:

    At 85 FR 30579, May 19, 2020, § 106.22 was amended by removing the parenthetical authority citation at the end of the section, effective Aug. 14, 2020.

  § 106.23

  Recruitment.

  (a) Nondiscriminatory recruitment. A recipient to which this subpart applies shall not discriminate on the basis of sex in the recruitment and admission of students.


Papers maintained by individual employees of the Department which are prepared, maintained, or discarded at the discretion of the employee and which are not subject to the Federal Records Act, 44 U.S.C. 2901, are not part of a system of records; Provided, That such personal papers are not used by the employee or the Department to determine any rights, benefits, or privileges of individuals.

[45 FR 30808, May 9, 1980; 45 FR 37426, June 3, 1980]

§ 5b.2

Purpose and scope.

(a) This part implements section 3 of the Privacy Act of 1974, 5 U.S.C.


(c) The Secretary grants a debtor's request for an oral hearing regarding the issues identified in the notice under § 30.22(b)(3)(ii) or § 30.33(b)(3)(ii) only if:

  (1)(i) A statute authorizes or requires the Secretary to consider waiver of the indebtedness involved;

  (ii) The debtor files a request for waiver of the indebtedness with the request for review filed under paragraph (a)(1) of this section; and

  (iii) The question of waiver of the indebtedness turns on an issue of credibility or veracity; or

  (2) The Secretary determines that the issues identified in the notice under § 30.22(b)(3)(ii) or § 30.


Subpart B—Employment Practices

  104.11

  Discrimination prohibited.

  104.12

  Reasonable accommodation.

  104.13

  Employment criteria.

  104.14

  Preemployment inquiries.

  Subpart C—Accessibility

  104.21

  Discrimination prohibited.

  104.22

  Existing facilities.

  104.23

  New construction.


200.67

    Requirements concerning property, equipment, and supplies for the benefit of private school children.

    200.68

    Ombudsman.

    200.69

    [Reserved]

    Allocations to LEAs

    200.70

    Allocation of funds to LEAs in general.

    200.71

    LEA eligibility.

    200.72

    Procedures for adjusting allocations determined by the Secretary to account for eligible LEAs not on the Census list.

    200.73

    Applicable hold-harmless provisions.

    200.74

    Use of an alternative method to distribute grants to LEAs with fewer than 20,000 residents.

    200.75

    Special procedures for allocating concentration grant funds in small States.


(2) An investigator shall seek informed consent only under circumstances that provide the prospective subject or the legally authorized representative sufficient opportunity to discuss and consider whether or not to participate and that minimize the possibility of coercion or undue influence.

(3) The information that is given to the subject or the legally authorized representative shall be in language understandable to the subject or the legally authorized representative.

(4) The prospective subject or the legally authorized representative must be provided with the information that a reasonable person would want to have in order to make an informed decision about whether to participate, and an opportunity to discuss that information.


(c)(1) If the Department's counsel and the applicant believe that the issues in the application can be settled, they may jointly file a statement of their intent to negotiate a settlement.

(2)(i) The filing of a statement of an intent to negotiate extends the time for filing an answer for 30 days.

(ii) The adjudicative officer shall grant further extensions if the Department's counsel and the applicant jointly request those extensions.

(Authority: 5 U.S.C. 504(c)(1))


A State must—

    (A) Develop appropriate accommodations for English learners;

    (B) Disseminate information and resources to, at a minimum, LEAs, schools, and parents; and

    (C) Promote the use of such accommodations to ensure that all English learners are able to participate in academic instruction and assessments; and

    (ii) To the extent practicable, assessments in the language and form most likely to yield accurate and reliable information on what those students know and can do to determine the students' mastery of skills in academic content areas until the students have achieved English language proficiency consistent with the standardized, statewide exit procedures in section 3113(b)(2) of the Act.

    (2) To meet the requirements under paragraph (f)(1) of this section,


(3) For the purposes of this section, “current expenditure closing balance” means an LEA's closing balance before any revocable transfers to non-current expenditure accounts, such as capital outlay or debt service accounts.

    Example:

    An LEA that timely requests forgiveness has two overpayments of which portions remain owing on the date of its request—one of $200,000 and one of $300,000. Its preceding fiscal year's closing balance is $250,000 (before a revocable transfer to a capital outlay or debt service account); and 10 percent of its TCE for the preceding fiscal year is $150,000.


20, 2016]

    § 222.95

    How are Indian policies and procedures reviewed to ensure compliance with the requirements in section 8004(a) of the Act?

    (a) The Director of the Impact Aid Program (Director) periodically reviews applicant LEAs' IPPs to ensure that they comply with the provisions of section 8004(a) and § 222.94.

    (b) If the Director determines either that the LEA's IPPs do not comply with the minimum standards of section 8004(a), or that the IPPs have not been implemented in accordance with § 222.94, the Director provides the LEA with written notification of the deficiencies related to its IPPs and requires that the LEA take appropriate action.


For example, a person with a speech impediment may be perfectly qualified for jobs that do not or need not, with reasonable accommodation, require ability to speak clearly. Yet, if given an oral test, the person will be unable to perform in a satisfactory manner. The test results will not, therefore, predict job performance but instead will reflect impaired speech.

  18. Preemployment inquiries. Section 104.14, concerning preemployment inquiries, generated a large number of comments. Commenters representing handicapped persons strongly favored a ban on preemployment inquiries on the ground that such inquiries are often used to discriminate against handicapped persons and are not necessary to serve any legitimate interests of employers.


222.180

    What eligibility requirements must an LEA meet to apply for a modernization grant under the third priority?

    222.181

    What eligibility requirements must an LEA meet to apply for a modernization grant under the fourth priority?

    222.182

    Under what circumstances may an ineligible LEA apply on behalf of a school for a modernization grant under the fourth priority?

    How To Apply for a Grant

    222.183

    How does an LEA apply for a grant?

    222.184

    What information must an application contain?

    222.185

    What additional information must be included in an emergency grant application?

    222.186

    What additional information must be included in a modernization grant application?


Subpart B—Appearance and Practice

  § 101.11

  Appearance.

  A party may appear in person or by counsel and participate fully in any proceeding. A State agency or a corporation may appear by any of its officers or by any employee it authorizes to appear on its behalf. Counsel must be members in good standing of the bar of a State, Territory, or possession of the United States or of the District of Columbia or the Commonwealth of Puerto Rico.

  § 101.12

  Authority for representation.

  Any individual acting in a representative capacity in any proceeding may be required to show his authority to act in such capacity.


(h) Other subjects with standards. If a State has developed standards in other subjects for all students, the State must apply those standards to students participating under subpart A of this part.

    (Approved by the Office of Management and Budget under control number 1810-0576)

    [67 FR 45039, July 5, 2002, as amended at 68 FR 68702, Dec. 9, 2003; 72 FR 17778, Apr. 9, 2007; 80 FR 50784, Aug. 21, 2015; 84 FR 31671, July 2, 2019]

    § 200.2

    State responsibilities for assessment.


Zoe also has a crop of corn on an adjacent field that is not on Federal property. On the survey date, Zoe spent 75 percent of her day harvesting lima beans and 25 percent of her day harvesting corn. Because Zoe spent more than 50 percent of her day working on farming operations that are authorized by the Federal government on leased Federal property in the same State her daughter attends school, Zoe meets the definition of a “parent employed on Federal property,” and LEA F can claim her daughter on its Impact Aid application.

    Example 4:

    Frank is a private contractor with an office on a military installation and an office on private property, both of which are located in Maryland. His time is split between the two offices.


Indirect Cost Rates

  75.560

  General indirect cost rates; exceptions.

  75.561

  Approval of indirect cost rates.

  75.562

  Indirect cost rates for educational training projects.

  75.563

  Restricted indirect cost rate—programs covered.

  75.564

  Reimbursement of indirect costs.

  75.580

  Coordination with other activities.

  Evaluation

  75.590

  Evaluation by the grantee.

  75.591

  Federal evaluation—cooperation by a grantee.

  75.592

  Federal evaluation—satisfying requirement for grantee evaluation.


Source:

60 FR 5818, Jan. 30, 1995, unless otherwise noted.

§ 73.1

Cross-reference to employee ethical conduct standards and financial disclosure regulations.

Employees of the Department of Education are subject to the executive branch-wide Standards of Ethical Conduct at 5 CFR part 2635 and to the Department of Education regulation at 5 CFR part 6301 which supplements the executive branch-wide standards with a requirement for employees to obtain prior approval to participate in certain outside activities. In addition, employees are subject to the executive branch-wide financial disclosure regulations at 5 CFR part 2634.


(b) The assurance shall be executed by an individual authorized to act for the institution and to assume on behalf of the institution the obligations imposed by this policy and shall be filed in such form and manner as the department or agency head prescribes.

(c) The department or agency head may limit the period during which any assurance shall remain effective or otherwise condition or restrict the assurance.

(d) Certification is required when the research is supported by a Federal department or agency and not otherwise waived under § 97.101(i) or exempted under § 97.104. For such research, institutions shall certify that each proposed research study covered by the assurance and this section has been reviewed and approved by the IRB. Such certification must be submitted as prescribed by the Federal department or agency component supporting the research.


(9) To either House of Congress, or to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee.

(10) To the Comptroller General, or any of the Comptroller General's authorized representatives, in the course of the performance of the duties of the General Accounting Office.

(11) Pursuant to the order of a court of competent jurisdiction.

(c) Accounting of disclosures.


(2) For purposes of this determination, essential subsistence expenses include costs incurred only for food, housing, clothing, essential transportation and medical care.


(e) No funds may be used for repairs, minor remodeling, or construction of private school facilities.

  [62 FR 28252, May 22, 1997, as amended at 84 FR 31679, July 2, 2019]

Subpart F—Complaint Procedures

  § 299.10

  Ombudsman.

  To help ensure equity for eligible private school children, teachers, and other educational personnel, an SEA must direct the ombudsman designated under section 1117 of the ESEA and § 200.68 to monitor and enforce the requirements in §§ 299.5 through 299.9.

  [84 FR 31679, July 2, 2019]


Ineligibility of Certain Individuals To Receive Assistance

  Source:

  Sections 75.60 through 75.62 appear at 57 FR 30337, July 8, 1992, unless otherwise noted.

  § 75.60

  Individuals ineligible to receive assistance.

  (a) An individual is ineligible to receive a fellowship, scholarship, or discretionary grant funded by the Department if the individual—

  (1) Is not current in repaying a debt or is in default, as that term is used in 34 CFR part 668, on a debt—

  (i) Under a program listed in paragraph (b) of this section; or

  (ii) To the Federal Government under a nonprocurement transaction; and

  (2) Has not made satisfactory arrangements to repay the debt.


§ 99.35

What conditions apply to disclosure of information for Federal or State program purposes?

(a)(1) Authorized representatives of the officials or agencies headed by officials listed in § 99.31(a)(3) may have access to education records in connection with an audit or evaluation of Federal or State supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs.


22, 1982, as amended at 53 FR 49143, Dec. 6, 1988]

  § 76.132

  What assurances must be in a consolidated grant application?

  (a) An Insular Area shall include in its consolidated grant application assurances to the Secretary that it will:

  (1) Follow policies and use administrative practices that will insure that non-Federal funds will not be supplanted by Federal funds made available under the authority of the programs in the consolidated grant;

  (2) Comply with the requirements (except those relating to the submission of State plans or similar documents) in the authorizing statutes and implementing regulations for the programs under which funds are to be used and administered, (except requirements for matching funds);


the research shall:

(A) Beginning on the date of such documentation through January 20, 2019, comply with the pre-2018 Requirements, except that the research shall comply with the following:

(1) Section 97.102(l) of the 2018 Requirements (definition of research) (instead of § 97.102(d) of the pre-2018 Requirements);

(2) Section 97.103(d) of the 2018 Requirements (revised certification requirement that eliminates IRB review of application or proposal) (instead of § 97.103(f) of the pre-2018 Requirements); and

(3) Section 97.


§ 75.104

  Applicants must meet procedural rules.

  (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.

  (Authority: 20 U.S.C. 1221e-3 and 3474)

  [61 FR 8455, Mar. 4, 1996]

  § 75.105

  Annual priorities.

  (a) What programs are covered by this section?


(c) At the same time the reviewing official serves the complaint, he or she shall serve the defendant with a copy of the regulations in this part.

(Authority: 31 U.S.C. 3803(a))

§ 33.8

Service of complaint.

(a) Service of a complaint must be made by certified or registered mail or by delivery in any manner authorized by Rule 4(d) of the Federal Rules of Civil Procedure. Service is complete upon receipt.

(b) Proof of service, stating the name and address of the person on whom the complaint was served, and the manner and date of service, may be made by:

(1) Affidavit of the individual serving the complaint by delivery;

(2) An acknowledged United States Postal Service return receipt card; or

(3) Written acknowledgment of receipt by the defendant or his representative.

(Authority: 31 U.S.C. 3802(d))


(c) After the grantee submits a copy of the emergency or modernization contract approved by the grantee's governing board, the Secretary makes available 80 percent of the total award amount to a grantee.

    (d) The Secretary makes available up to the remaining 10 percent of the total award amount to the grantee after the grantee submits a statement that—

    (1) Details any earnings, savings, or interest;

    (2) Certifies that—

    (i) The project is fully completed; and

    (ii) All the awarded funds have been spent for grant purposes; and

    (3) Is signed by the—

    (i) Chairperson of the governing board;

    (ii) Superintendent of schools; and

    (iii) Architect of the project.


(b) For the purposes of this section, a related group of claims submitted at the same time includes only those claims arising from the same transaction (e.g., grant, cooperative agreement, loan, application, or contract) that are submitted simultaneously as part of a single request, demand, or submission.

(c) Nothing in this section may be construed to limit the reviewing official's authority to join in a single complaint against a person claims that are unrelated or were not submitted simultaneously, regardless of the amount of money, or the value of property or services, demanded or requested.

(Authority: 31 U.S.C. 3803(b), (c))

§ 33.7

Complaint.


When the Department has notified a requester of anticipated fees greater than $25, the Department does not further process the request until the requester agrees in writing to pay the anticipated total fee.

(d) Charges for other services. When the Department chooses as a matter of administrative discretion to provide a special service, such as certification of agency records, it charges the requester the direct cost of providing the service.

(e) Charging interest. The Department charges interest on any unpaid bill assessed at the rate provided in 31 U.S.C. 3717. In charging interest, the Department follows the provisions of the Debt Collection Act of 1982, as amended (Pub. L. 97-365), and its administrative procedures, including the use of consumer reporting agencies, collection agencies, and offset.


(b) Purpose. This part:

(1) Establishes administrative procedures for imposing civil penalties and assessments against persons who make, submit, or present, or cause to be made, submitted, or presented, false, fictitious, or fraudulent claims or written statements to the Department or to its agents; and

(2) Specifies the hearing and appeal rights of persons subject to allegations of liability for those penalties and assessments.

(Authority: 31 U.S.C. 3809)

§ 33.2

Definitions.

As used in this part:


(c) The Secretary performs the computations in paragraph (b) of this section for each of the fiscally dependent generally comparable LEAs and the computations in §§ 222.68 through 222.71, whichever is applicable, for each of the fiscally independent generally comparable LEAs and determines the average of all those tax rates.

  (d) The Secretary determines that a fiscally dependent LEA described in § 222.63(b) or § 222.64(a) meets the applicable tax rate requirement if its imputed local tax rate is equal to at least 95 percent of the average tax rate of its generally comparable LEAs.


484(k))

§ 12.7

How is surplus Federal real property disposed of when there is more than one applicant?

(a) If there is more than one applicant for the same surplus Federal real property, the Secretary transfers or leases the property to the applicant whose proposed program and plan of use the Secretary determines provides the greatest public benefit, using the criteria contained in appendix A to this part that broadly address the weight given to each type of entity applying and its proposed program and plan of use. (See example in § 12.10(d)).


(Authority: Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682)

  [45 FR 30955, May 9, 1980, as amended at 45 FR 86298, Dec. 30, 1980; 65 FR 68056, Nov. 13, 2000]

    Effective Date Note:

    At 85 FR 30579, May 19, 2020, § 106.4 was amended by removing the parenthetical authority citation at the end of the section, effective  Aug. 14, 2020.


(c) If the Secretary determines that the criteria in paragraph (b) of this section have been met, the Secretary assembles a panel of experts that does not include any employees of the Department to review the application.

  (d) The experts—

  (1) Evaluate the application based on the selection criteria; and

  (2) Determine whether the application is of such exceptional quality and national significance that it should be funded as an unsolicited application.


However, because the Department was one day late in completing its review of the plan, the State would get pre-award costs to cover the period of July 1 through July 29.

  (h) After determining that a State plan is in substantially approvable form, the Secretary informs the State of the date on which it could begin to obligate funds. Reimbursement for those obligations is subject to final approval of the State plan.

  (Authority: 20 U.S.C. 1221e-3, 3474, 6511(a) and 31 U.S.C. 6503)

  [45 FR 22517, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 60 FR 41294, Aug. 11, 1995; 61 FR 14484, Apr. 2, 1996]


263.3

  What definitions apply to the Professional Development program?

  263.4

  What costs may a Professional Development program include?

  263.5

  What priority is given to certain projects and applicants?

  263.6

  How does the Secretary evaluate applications for the Professional Development program?

  263.7

  What are the requirements for a leave of absence?

  263.8

  What are the payback requirements?

  263.9

  What are the requirements for payback deferral?

  263.10

  What are the participant payback reporting requirements?

  263.11

  What are the grantee post-award requirements?

  263.12

  What are the program-specific requirements for continuation awards?


1221e-3(a)(1), 2831(a), 2974(b), and 3474)

  [59 FR 59583, Nov. 17, 1994]

  § 76.568

  Occupancy and space maintenance costs—restricted rate.


The determination of the recipient's violation may be made only after a recipient has had an opportunity for a hearing on the record before an administrative law judge.

(2) Any other means authorized by law, including, but not limited to—

(i) Referral to the Department of Justice for proceedings to enforce any rights of the United States or obligations of the recipient created by the Act or these regulations; or

(ii) Use of any requirement of or referral to any Federal, State, or local government agency that will have the effect of correcting a violation of the Act or of these regulations.


and consequently a determination is made which is adverse to the individual; or

(d) Failing to comply with any other provision of the Act or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual.

(3) “An employee may be personally subject to criminal liability as set forth below and in 5 U.S.C. 552a (i):

(a) Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by the Act or by rules or regulations established thereunder, and who, knowing that disclosure of the specific material is so prohibited,


(3) When an initial withholding decision becomes the Secretary's final decision without any further proceedings, the Department notifies the parties and the affected Indian tribe or tribes of the finality of the decision.

    (g) Administrative appeal of an initial decision. (1)(i) Any party may request the Secretary to review an initial withholding decision.

    (ii) A party must file this request for review within 30 days of the party's receipt of the initial withholding decision.

    (2) The Secretary may—

    (i) Grant or deny a timely request for review of an initial withholding decision; or

    (ii) Otherwise determine to review the decision, so long as that determination is made within 45 days of the date of receipt of the initial decision by the Secretary.


Department means the U.S. Department of Education.

Employee means a current or former employee or official of the Department or of an advisory committee of the Department, including a special government employee, unless specifically provided otherwise in this part.

Legal proceeding means—

(1) A proceeding before an adjudicative authority;

(2) A legislative proceeding, except for a proceeding before either House of Congress or before any committee or subcommittee of Congress, to the extent of matter within the committee's or subcommittee's jurisdiction; or

(3) An administrative proceeding.

Secretary means the Secretary of Education or an official or employee of the Department acting for the Secretary under a delegation of authority.


L. 93-516.

  The first of the three parts of the statutory and regulatory definition includes any person who has a physical or mental impairment that substantially limits one or more major life activities. Paragraph (j)(2)(i) further defines physical or mental impairments. The definition does not set forth a list of specific diseases and conditions that constitute physical or mental impairments because of the difficulty of ensuring the comprehensiveness of any such list. The term includes, however, such diseases and conditions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disability, emotional illness, and, as discussed below, drug addiction and alcoholism.


(2) The extent to which the project goals, objectives, and timeline are clearly specified, measurable, and appropriate for the purpose of the program;

  (3) The extent to which the project implementation plan and activities, including the partnerships established, are likely to achieve measurable objectives that further the purposes of the program;

  (4) The extent to which the project is likely to produce results that are replicable;

  (5) The extent to which the project will use appropriate criteria for selecting charter schools for assistance and for determining the type and amount of assistance to be given;


§ 105.2

Application.

This part applies to all programs or activities conducted by the Department, except for programs or activities conducted outside the United States that do not involve individuals with handicaps in the United States.

§ 105.3

Definitions.

For purposes of this part, the following definitions apply:


(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.


and

(iii) Ensuring prompt reporting to the IRB of proposed changes in a research activity, and for ensuring that investigators will conduct the research activity in accordance with the terms of the IRB approval until any proposed changes have been reviewed and approved by the IRB, except when necessary to eliminate apparent immediate hazards to the subject.


Educational agency or institution means any public or private agency or institution to which this part applies under § 99.1(a).

(Authority: 20 U.S.C. 1232g(a)(3))

  Education program means any program that is principally engaged in the provision of education, including, but not limited to, early childhood education, elementary and secondary education, postsecondary education, special education, job training, career and technical education, and adult education, and any program that is administered by an educational agency or institution.

(Authority: 20 U.S.C. 1232g(b)(3), (b)(5))

  Education records.


A project that included 60 target children would meet the requirement that 80 percent of the children served be gifted and talented if it included no more than 15 other children. Thus, while the LEA provided authorized services, only 75 percent of the beneficiaries were authorized to participate in the project (60 target children and 15 others). If the authorized Departmental official, after examining all the relevant facts, determines that the project was not designed and implemented to serve the special educational needs of gifted or talented students, the LEA must return its entire award because it did not provide services authorized by the statute.

(5) Unauthorized activities.


3716(b))

  [51 FR 24099, July 1, 1986, as amended at 51 FR 35647, Oct. 7, 1986]

  § 30.28

  When may the Secretary offset before completing the procedures under §§ 30.22-30.27?

  (a) The Secretary may offset before completing the procedures otherwise required by §§ 30.22-30.27 if:

  (1) Failure to offset would substantially prejudice the Government's ability to collect the debt; and

  (2) The amount of time remaining before the payment by the United States which is subject to offset does not reasonably permit completion of the procedures under §§ 30.22-30.27.

  (b) If the Secretary offsets under paragraph (a) of this section, the Secretary:


(Authority: Sec. 601, 602, 604, Civil Rights Act of 1964; 78 Stat. 252, 253, 42 U.S.C. 2000d, 2000d-1, 2000d-3)

[45 FR 30918, May 9, 1980, as amended at 65 FR 68053, Nov. 13, 2000]

§ 100.4

Assurances required.

(a) General.


(2) If a state process recommendation is transmitted by a single point of contact, all comments from state, areawide, regional, and local officials and entities that differ from it must also be transmitted.

(c) If a state has not established a process, or is unable to submit a state process recommendation, state, areawide, regional, and local officials and entities may submit comments to the Department.

(d) If a program or activity is not selected for a state process, state, areawide, regional, and local officials and entities may submit comments to the Department. In addition, if a state process recommendation for a nonselected program or activity is transmitted to the Department by the single point of contact, the Secretary follows the procedures of § 79.10.


(2) As used in paragraph (j)(1) of this section, the phrase:

  (i) Physical or mental impairment means (A) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive, digestive, genito-urinary; hemic and lymphatic; skin; and endocrine; or (B) any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

  (ii) Major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.


§ 35.4

Administrative claim; evidence and information to be submitted.

(a) Death. In support of a claim based on death, the claimant may be required to submit the following evidence or information:

(1) An authenticated death certificate or other competent evidence showing cause of death, date of death, and age of the decedent.

(2) Decedent's employment or occupation at time of death, including his monthly or yearly salary or earnings (if any), and the duration of his last employment or occupation.

(3) Full names, addresses, birth dates, kinship, and marital status of the decedent's survivors, including identification of those survivors who were dependent for support upon the decedent at the time of his death.


Paragraph (iii) requires that services provided to handicapped persons be as effective as those provided to the nonhandicapped. In paragraph (iv), different or separate services are prohibited except when necessary to provide equally effective benefits.

  In this context, the term equally effective, defined in paragraph (b)(2), is intended to encompass the concept of equivalent, as opposed to identical, services and to acknowledge the fact that in order to meet the individual needs of handicapped persons to the same extent that the corresponding needs of nonhandicapped persons are met, adjustments to regular programs or the provision of different programs may sometimes be necessary. This standard parallels the one established under title VI of Civil Rights Act of 1964 with respect to the provision of educational services to students whose primary language is not English.


(ii) Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are education records and not excepted under paragraph (b)(3)(i) of this definition.

(4) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:

(i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity;

(ii) Made, maintained, or used only in connection with treatment of the student; and


The percentage of payments under the Act that may be taken into consideration is 50 percent ($300/$600). If LEA X receives $100 per pupil in payments under the Act, $50 per pupil may be taken into consideration. LEA X may be regarded as contributing $350 per pupil under the program and State B would now contribute $250 as the difference.

    Example 5.

    The initial facts are the same as in Example 4, except that LEA Y in State C, while taxing at the same 10 mill rate for both the equalization program and leeway allowance as LEA X, realizes $550 per pupil for each tax.


1232f)

  [45 FR 22517, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 53 FR 49143, Dec. 6, 1988]

  § 76.731

  Records related to compliance.

  A State and a subgrantee shall keep records to show its compliance with program requirements.

  (Authority: 20 U.S.C. 1221e-3, 3474, and 6511(a))

Privacy

  § 76.740

  Protection of and access to student records; student rights in research, experimental programs, and testing.


(d) With the approval of the ALJ and the consent of the designated Department official and the IHE, any time schedule specified in this section may be shortened.

(Authority: 20 U.S.C. 1145g)

[55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66225, Dec. 17, 1996]

§ 86.408

What are the procedures for conducting a pre-hearing conference?

(a)(1) A pre-hearing conference may be convened by the ALJ if the ALJ thinks that such a conference would be useful, or if requested by—

(i) The designated Department official; or

(ii) The IHE.


16, 1993]

§ 81.19

Costs and fees of parties.

The Equal Access to Justice Act, 5 U.S.C. 504, applies by its terms to proceedings under this part. Regulations under that statute are in 34 CFR part 21.

(Authority: 20 U.S.C. 1221e-3, 1234(f)(1), and 3474(a))

§ 81.20

Interlocutory appeals to the Secretary from rulings of an ALJ.


1221e-3, 1234(f)(1), 1234a(e), and 3474(a))

[58 FR 43474, Aug. 16, 1993]

§ 81.43

Review by the Secretary.

(a)(1) The Secretary's review of an initial decision is based on the record of the case, the initial decision, and any proper submissions of the parties or other participants in the case.


(b) The Department shall provide an opportunity to interested persons, including individuals with handicaps or organizations representing individuals with handicaps to participate in the self-evaluation process by submitting comments (both oral and written).

(c) The Department shall, for at least 3 years following completion of the self-evaluation, maintain on file, and make available for public inspection—

(1) A description of areas examined and any problems identified; and

(2) A description of any modifications made.


(Authority: 20 U.S.C. 7704 (a), (b), (d)(2), (e) (8)-(9))

    § 222.120

    When is a local educational agency exempt from withholding of payments?


The following are examples of steps that may be included in the plan, where necessary to overcome the discrimination:

(1) Elimination of program duplication in the segregated facility and other proximate vocational facilities; (2) relocation or “clustering” of programs or courses; (3) adding programs and courses that traditionally have been identified as intended for members of a particular race, national origin or sex to schools that have traditionally served members of the other sex or traditionally served persons of a different race or national origin; (4) merger of programs into one facility through school closings or new construction; (5) intensive outreach recruitment and counseling; (6) providing free transportation to students whose enrollment would promote desegregation.

J.


(34 CFR 100.13(i)).

For the purposes of Title IX:

  Recipient means any State or political subdivision thereof, or any instrumentality of a State or political subdivision thereof, any public or private agency, institution, or organization, or other entity, or any person to whom Federal financial assistance is extended, directly or through another recipient and which operates an education program or activity which receives or benefits from such assistance, including any subunit, successor, assignee, or transferee thereof. (34 CFR 106.2(h)).

For the purposes of Section 504:


If agreed upon by the parties, service of a copy of the statement of views may be made upon the other party by facsimile transmission.

(g)(1) The filing date for written submissions under this section is the date the document is—

(i) Hand delivered;

(ii) Mailed; or

(iii) Sent by facsimile transmission.

(2) If a scheduled filing date falls on a Saturday, Sunday or a Federal holiday, the filing deadline is the next business day.

(Authority: 20 U.S.C. 1221e-3, 1234(f)(1), 1234a(e), and 3474(a))

[58 FR 43474, Aug. 16, 1993]


7231-7231j)

  [57 FR 61509, Dec. 24, 1992, as amended at 60 FR 14866, Mar. 20, 1995; 69 FR 4997, Feb. 2, 2004; 72 FR 10607, Mar. 9, 2007]

  § 280.32

  How is priority given to applicants?

  (a) How priority is given. In addition to the points awarded under § 280.31, the Secretary gives priority to the factors listed in paragraphs (b) through (d) of this section by awarding additional points for these factors.


73(a)(4), except that, when the amount remaining is insufficient to pay all LEAs the hold-harmless amount provided in § 200.73, the SEA shall ratably reduce each LEA's hold-harmless allocation to the amount available; or

  (2) Proportionately reduce each LEA's total allocation received under subpart 2 of part A of title I of the ESEA even if an LEA's total allocation falls below its hold-harmless percentage under § 200.73(a)(4).

  (Approved by the Office of Management and Budget under control number 1810-0622)

  [67 FR 71736, Dec.


(2) Records of a law enforcement unit does not mean—

(i) Records created by a law enforcement unit for a law enforcement purpose that are maintained by a component of the educational agency or institution other than the law enforcement unit; or

(ii) Records created and maintained by a law enforcement unit exclusively for a non-law enforcement purpose, such as a disciplinary action or proceeding conducted by the educational agency or institution.

(c)(1) Nothing in the Act prohibits an educational agency or institution from contacting its law enforcement unit, orally or in writing, for the purpose of asking that unit to investigate a possible violation of, or to enforce, any local, State, or Federal law.


(b) Specific prohibitions. (1) In determining whether a person satisfies any policy or criterion for admission, or in making any offer of admission, a recipient to which this subpart applies shall not:

  (i) Give preference to one person over another on the basis of sex, by ranking applicants separately on such basis, or otherwise;

  (ii) Apply numerical limitations upon the number or proportion of persons of either sex who may be admitted; or

  (iii) Otherwise treat one individual differently from another on the basis of sex.


The LEA contribution from the uniform tax levy is considered under the equalization program. LEA X contributes the proceeds of the uniform tax levy, $700 per pupil, and the State contributes the $200 difference. No other local tax revenues are applied to current expenditures for education by LEA X. The percentage of funds under the Act that may be taken into consideration by State A for LEA X is 100 percent ($700/$700). If LEA X receives $100 per pupil in payments under the Act, $100 per pupil may be taken into consideration by State A in determining LEA X's relative financial resources and needs under the program. LEA X is regarded as contributing $800 and State A would now contribute the $100 difference.

    Example 2.


75.607

  General considerations in designing facilities and carrying out construction.

  75.608

  Areas in the facilities for cultural activities.

  75.609

  Comply with safety and health standards.

  75.610

  Access by the handicapped.

  75.611

  Avoidance of flood hazards.

  75.612

  Supervision and inspection by the grantee.

  75.613

  Relocation assistance by the grantee.

  75.614

  Grantee must have operational funds.

  75.615

  Operation and maintenance by the grantee.

  75.616

  Energy conservation.

  75.617

  Compliance with the Coastal Barrier Resources Act.


(2) In the case of Federal financial assistance extended to provide personal property, the assurance will obligate the recipient for the period during which it retains ownership or possession of the property.

(3) In all other cases the assurance will obligate the recipient for the period during which Federal financial assistance is extended.

(c) Covenants. (1) If Federal financial assistance is provided in the form of real property or interest in the property from ED, the instrument effecting or recording this transfer must contain a covenant running with the land to assure nondiscrimination for the period during which the real property is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits.


and

    (ii) Is assessed based on challenging State academic standards for the grade in which the student is enrolled.

    (e) Definitions with respect to students with disabilities. Consistent with 34 CFR 300.5, “assistive technology device” means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child with a disability. The term does not include a medical device that is surgically implanted, or the replacement of such device.

    (f) English learners in general.


§ 108.8

Assurances.

An applicant for funds made available through the Department to which this part applies must submit an assurance that the applicant will comply with the Act and this part. The assurance shall be in effect for the period during which funds made available through the Department are extended. The Department specifies the form of the assurance, including the extent to which assurances will be required concerning the compliance obligations of subgrantees, contractors and subcontractors, and other participants, and provisions that give the United States a right to seek its judicial enforcement. An applicant may incorporate this assurance by reference in subsequent applications to the Department.

(Approved by the Office of Management and Budget under control number 1870-0503)

(Authority: 20 U.S.C. 7905)


The word “in” encompasses the concepts of both domicile and actual residence. If a recipient places a child in a program other than its own, it remains financially responsible for the child, whether or not the other program is operated by another recipient or educational agency. Moreover, a recipient may not place a child in a program that is inappropriate or that otherwise violates the requirements of Subpart D. And in no case may a recipient refuse to provide services to a handicapped child in its jurisdiction because of another person's or entity's failure to assume financial responsibility.

  Section 104.33(b) concerns the provision of appropriate educational services to handicapped children.


and

(ii) Those letters and statements are related to the student's:

(A) Admission to an educational institution;

(B) Application for employment; or

(C) Receipt of an honor or honorary recognition.

(c)(1) A waiver under paragraph (b)(3)(i) of this section is valid only if:

(i) The educational agency or institution does not require the waiver as a condition for admission to or receipt of a service or benefit from the agency or institution; and

(ii) The waiver is made in writing and signed by the student, regardless of age.


(2) The Secretary does not process for payment a timely filed application until any concerns timely raised by the SEA are resolved. If the Secretary does not receive comments or notification from the SEA by the applicable deadline set forth in paragraph (c)(1) of this section, the Secretary assumes that the data and statements in the application are, to the best of the SEA's knowledge, true, complete, and correct.

  (d) If a filing date in this section falls on a Saturday, Sunday, or Federal holiday, the deadline for filing is the next succeeding business day.

  (Approved by the Office of Management and Budget under control number 1810-0036)

  (Authority: 20 U.S.C. 7705)

  [60 FR 50778, Sept.


§ 33.43

Collection of civil penalties and assessments.

Section 3806 and 3808(b) of title 31, United States Code, authorize actions for collection of civil penalties and assessments imposed under this part and specify the procedures for those actions.

(Authority: 31 U.S.C. 3808(b))


(b) For purposes of paragraph (a) of this section, providing any information specifically requested by an agency or Congress is allowable at any time.

(c) For purposes of paragraph (a) of this section, the following agency and legislative liaison activities are allowable at any time only where they are not related to a specific solicitation for any covered Federal action:

(1) Discussing with an agency (including individual demonstrations) the qualities and characteristics of the person's products or services, conditions or terms of sale, and service capabilities; and,

(2) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use.


(11) 34 CFR part 98 (Student Rights in Research, Experimental Programs, and Testing).

  (12) 34 CFR part 99 (Family Educational Rights and Privacy).

  (b) The regulations in this part 225.

  (c) The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR part 200, as adopted in 2 CFR part 3474 and OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part 180, as adopted in 2 CFR part 3485.

  [70 FR 15003, Mar. 24, 2005, as amended at 79 FR 76095, Dec.


In addition to any applicable provisions set forth above, those employees whose official duties involve entering into contracts on behalf of the Department shall also be governed by the following provisions:

(1) Contracts for design, or development of systems and equipment. No contract for the design or development of a system of records, or for equipment to store, service or maintain a system of records shall be entered into unless the contracting officer has made reasonable effort to ensure that the product to be purchased is capable of being used without violation of the Act or regulation. Special attention shall be given to provision of physical safeguards.

(2) Contracts for the operation of systems and equipment.


§ 222.67

  How may a State aid program affect a local educational agency's eligibility for assistance under section 8003(b)(2)?

  The Secretary determines that an LEA is not eligible for financial assistance under section 8003(b)(2) if—

  (a) The LEA is in a State that has an equalized program of State aid that meets the requirements of section 8009; and

  (b) The State, in determining the LEA's eligibility for or amount of State aid, takes into consideration the portion of the LEA's payment under section 8003(b)(2) that exceeds what the LEA would receive under section 8003(b)(1).

  (Authority: 20 U.S.C. 7703(b)(2))


Pt. 5b, App. B

Appendix B to Part 5b—Routine Uses Applicable to More Than One System of Records Maintained by ED

(1) In the event that a system of records maintained by this agency to carry out its functions indicates a violation or potential violation of law, whether civil, criminal or regulatory in nature, and whether arising by general statute or particular program statute, or by regulation, rule or order issued pursuant thereto, the relevant records in the system of records may be referred, as a routine use, to the appropriate agency, whether federal, or foreign, charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute, or rule, regulation or order issued pursuant thereto.


(b)(1) Except as provided in paragraph (b)(2) of this section, if an educational agency or institution discloses personally identifiable information from education records with the understanding authorized under § 99.33(b), the record of the disclosure required under this section must include:

(i) The names of the additional parties to which the receiving party may disclose the information on behalf of the educational agency or institution; and

(ii) The legitimate interests under § 99.31 which each of the additional parties has in requesting or obtaining the information.


An affected Indian tribe is not a party, but, at the discretion of the hearing examiner, may participate in the hearing and present its views on the issues relevant to the withholding determination.

    (2) The parties may introduce all relevant evidence on the issues stated in the LEA's request for withholding hearing or other issues determined by the hearing examiner during the proceeding. The Assistant Secretary's notice of intent to withhold, the LEA's request for a withholding hearing, and all amendments and exhibits to those documents, must be made part of the hearing record.


(2) The LEA may rebut this presumption by demonstrating that the reduction was unrelated to the receipt of section 8003(d) funds.

  (b) In any State in which there is only one LEA, all funds for programs, and for early intervention services, for children with disabilities other than funds from Federal sources are considered by the Secretary to be local funds.

  (Authority: 20 U.S.C. 7703(d))

  [60 FR 50778, Sept. 29, 1995, as amended at 80 FR 33166, June 11, 2015]

  § 222.55

  What other statutes and regulations are applicable to this subpart?


Subtitle B—Regulations of the Offices of the Department of Education

34 CFR Ch. I (7-1-20 Edition)

Office for Civil Rights, Education

CHAPTER I—OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION

Part

Page

100

Nondiscrimination under programs receiving Federal assistance through the Department of Education effectuation of title VI of the Civil Rights Act of 1964

279

101

Practice and procedure for hearings under part 100 of this title

300

104

Nondiscrimination on the basis of handicap in programs or activities receiving Federal financial assistance

311

105

Enforcement of nondiscrimination on the basis of handicap in programs or activities conducted by the Department of Education

344

106

Nondiscrimination on the basis


(3) Any additional costs to the subject that may result from participation in the research;

(4) The consequences of a subject's decision to withdraw from the research and procedures for orderly termination of participation by the subject;

(5) A statement that significant new findings developed during the course of the research that may relate to the subject's willingness to continue participation will be provided to the subject;

(6) The approximate number of subjects involved in the study;

(7) A statement that the subject's biospecimens (even if identifiers are removed) may be used for commercial profit and whether the subject will or will not share in this commercial profit;

(8) A statement regarding whether clinically relevant research results, including individual research results, will be disclosed to subjects, and if so,


Subpart E—Discrimination on the Basis of Sex in Employment in Education Programs or Activities Prohibited

  § 106.51

  Employment.

  (a) General. (1) No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in employment, or recruitment, consideration, or selection therefor, whether full-time or part-time, under any education program or activity operated by a recipient which receives Federal financial assistance.


45(b), depending upon the applicable program under which the notice is issued; or

(iii) Issuing a notice to cease and desist under 34 CFR 78.31, 200.94(c) or 298.45(c), depending upon the program under which the notice is issued; or

(2) For a contractor, direct the contracting officer to take an appropriate action authorized under the Federal Acquisition Regulations, including either:

(i) Issuing a notice to suspend operations under 48 CFR 12.5; or

(ii) Issuing a notice to terminate for default, either in whole or in part under 48 CFR 49.102.


(b)(1) If the LEA is not eligible for subsequent payments under the Act, the LEA must promptly refund the amount of the overpayment to the Secretary.

  (2) If the LEA does not promptly repay the amount of the overpayment or promptly enter into a repayment agreement with the Secretary, the Secretary may use the procedures in 34 CFR part 30 to offset that amount against payments from other Department programs or, under the circumstances permitted in part 30, to request that another agency offset the debt.

  (Authority: 20 U.S.C. 1226a-1, 7702, 7703, 7706, 7712)

  [60 FR 50778, Sept.


(ii) The relevance and demonstrated commitment of each partner in the proposed project to the implementation and success of the project.

  (iii) The extent to which the budget is adequate to support the proposed project.

  (iv) The extent to which the costs are reasonable in relation to the objectives, design, and potential significance of the proposed project.

  (v) The extent to which the costs are reasonable in relation to the number of persons to be served and to the anticipated results and benefits.

  (vi) The potential for continued support of the project after Federal funding ends, including, as appropriate, the demonstrated commitment of appropriate entities to such support.

  (vii) The potential for the incorporation of project purposes, activities, or benefits into the ongoing program of the agency or organization at the end of Federal funding.


(iii) A State and its LEAs must report on State and local report cards required under section 1111(h) of the Act the number of recently arrived English learners who are not assessed on the State's reading/language arts assessment.

    (iv) Nothing in this section relieves an LEA from its responsibility under applicable law to provide recently arrived English learners with appropriate instruction to enable them to attain English language proficiency as well as grade-level content knowledge in reading/language arts, mathematics, and science.

    (2) A State must assess the English language proficiency of a recently arrived English learner pursuant to paragraph (h) of this section.


§ 97.406

Research involving greater than minimal risk and no prospect of direct benefit to individual subjects, but likely to yield generalizable knowledge about the subject's disorder or condition.

ED conducts or funds research in which the IRB finds that more than minimal risk to children is presented by an intervention or procedure that does not hold out the prospect of direct benefit for the individual subject, or by a monitoring procedure which is not likely to contribute to the well-being of the subject, only if the IRB finds that—

(a) The risk represents a minor increase over minimal risk;

(b) The intervention or procedure presents experiences to subjects that are reasonably commensurate with those inherent in their actual or expected medical, dental, psychological, social, or educational situations;


(2) A State must assess the English language proficiency of a recently arrived English learner pursuant to paragraph (h) of this section.

    (3) A State must assess the mathematics and science achievement of a recently arrived English learner pursuant to § 200.2 with the frequency described in § 200.5(a).

    (j) Students in Native American language schools or programs.


(2) Under an expedited review procedure, the review may be carried out by the IRB chairperson or by one or more experienced reviewers designated by the chairperson from among members of the IRB. In reviewing the research, the reviewers may exercise all of the authorities of the IRB except that the reviewers may not disapprove the research. A research activity may be disapproved only after review in accordance with the nonexpedited procedure set forth in § 97.108(b).

(c) Each IRB that uses an expedited review procedure shall adopt a method for keeping all members advised of research proposals that have been approved under the procedure.


(B) Notice of the allegations of sexual harassment potentially constituting sexual harassment as defined in § 106.30, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting sexual harassment under § 106.30, and the date and location of the alleged incident, if known. The written notice must include a statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process.


Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 57 FR 30342, July 8, 1992]

Use of Funds by States and Subgrantees

  § 76.760

  More than one program may assist a single activity.

  A State or a subgrantee may use funds under more than one program to support different parts of the same project if the State or subgrantee meets the following conditions:

  (a) The State or subgrantee complies with the requirements of each program with respect to the part of the project assisted with funds under that program.

  (b) The State or subgrantee has an accounting system that permits identification of the costs paid for under each program.

  (Authority: 20 U.S.C. 1221e-3, 3474, and 6511(a))


(c) The Secretary indicates in the application notice published in the Federal Register the specific criteria that the Secretary will use and how points for the selection criteria will be distributed.


The Secretary reviews an application by an SEA or consortium of SEAs seeking innovative assessment demonstration authority consistent with § 200.104(c) based on the following selection criteria:

    (a) Project narrative. The quality of the SEA's or consortium's plan for implementing the innovative assessment demonstration authority.


Subpart D—How Does One Apply for an Award?

§ 21.30

Time for filing application.

(a) In order to be considered for an award under this part, an applicant may file its application when it prevails in an adversary adjudication—or in a significant and discrete substantive portion of an adversary adjudication—but no later than 30 days after the Department's final disposition of the adversary adjudication.

(b) In the case of a review or reconsideration of a decision in which an applicant has prevailed or believes it has prevailed, the adjudicative officer shall stay the proceedings on the application pending final disposition of the underlying issue.


3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 59 FR 30261, June 10, 1994]

§ 75.118

Requirements for a continuation award.

(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 200.327 and 200.328 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.

(Approved by the Office of Management and Budget under control number 1875-0102)

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


222.5

  When may a local educational agency amend its application?

  222.6

  Which applications does the Secretary accept?

  222.7

  What information may a local educational agency submit after the application deadline?

  222.8

  What action must an applicant take upon a change in its boundary, classification, control, governing authority, or identity?

  222.9

  What records must a local educational agency maintain?

  222.10

  How long must a local educational agency retain records?

  222.11

  How does the Secretary recover overpayments?

  222.12

  What overpayments are eligible for forgiveness under section 8012 of the Act?


Neither the manufacture of goods within the institution nor activities related to institutional maintenance are considered classroom instruction.

  (c) The following definition applies to the local agency program authorized in part D, subpart 2 of title I of the ESEA:

    Locally operated correctional facility means a facility in which persons are confined as a result of a conviction for a criminal offense, including persons under 21 years of age. The term also includes a local public or private institution and community day program or school not operated by the State that serves delinquent children and youth.

  [67 FR 71736, Dec. 2, 2002, as amended at 84 FR 31677, July 2, 2019]


(ix) Other activities to improve persistence and retention in postsecondary education.

  (2) CAMP projects. A CAMP project may provide the following types of services to assist the participants in meeting the project's objectives and in succeeding in an academic program of study at the IHE:

  (i) Outreach and recruitment services to reach persons who are eligible under § 206.3 (a) and (c).


97.112

Review by institution.

97.113

Suspension or termination of IRB approval of research.

97.114

Cooperative research.

97.115

IRB records.

97.116

General requirements for informed consent.

97.117

Documentation of informed consent.

97.118

Applications and proposals lacking definite plans for involvement of human subjects.

97.119

Research undertaken without the intention of involving human subjects.

97.120

Evaluation and disposition of applications and proposals for research to be conducted or supported by a Federal department or agency.

97.121

[Reserved]

97.122

Use of Federal funds.

97.123

Early termination of research support: Evaluation of applications and proposals.

97.124

Conditions.

Subparts B-C [Reserved]


such as how participation in such assessments may delay or otherwise affect the student from completing the requirements for a regular high school diploma;

    (3) Ensure that parents of students selected to be assessed using an alternate assessment aligned with alternate academic achievement standards under the State's guidelines in paragraph (d) of this section are informed, consistent with § 200.2(e), that their child's achievement will be measured based on alternate academic achievement standards, and how participation in such assessments may delay or otherwise affect the student from completing the requirements for a regular high school diploma;

    (4) Not preclude a student with the most significant cognitive disabilities who takes an alternate assessment aligned with alternate academic achievement standards from attempting to complete the requirements for a regular high school diploma;

    (5) Promote,


Effective Date Note:

    At 85 FR 30575, May 20, 2020, § 106.45 was added, effective Aug. 14, 2020.

  § 106.46

  Severability.

  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.

    Effective Date Note:

    At 85 FR 30578, May 20, 2020, § 106.47 was added, effective Aug. 14, 2020.


(a) The course is essential to participation in the program; and (b) the course is presently available to those seeking enrollment for the first time and to those formerly excluded.

L. Eligibility of National Origin Minority Persons With Limited English Language Skills

Recipients may not restrict an applicant's admission to vocational education programs because the applicant, as a member of a national origin minority with limited English language skills, cannot participate in and benefit from vocational instruction to the same extent as a student whose primary language is English. It is the responsibility of the recipient to identify such applicants and assess their ability to participate in vocational instruction.