(d) Pregnancy leave. In the case of a recipient which does not maintain a leave policy for its employees, or in the case of an employee with insufficient leave or accrued employment time to qualify for leave under such a policy, a recipient shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy and recovery therefrom as a justification for a leave of absence without pay for a reasonable period of time, at the conclusion of which the employee shall be reinstated to the status which she held when the leave began or to a comparable position, without decrease in rate of compensation or loss of promotional opportunities, or any other right or privilege of employment.

  (Authority: Secs. 901, 902, Education Amendments of 1972, 86 Stat.


In the opinion, the hearing official states his or her decision and the findings of fact and conclusions of law on which the decision is based.

(b) If the hearing official finds that a portion of the debt described in the pre-offset notice under § 31.3 is not enforceable by offset, the official shall state in the opinion that portion which is enforceable by offset.

(c) If the hearing official finds that the amount of the offset proposed in the pre-offset notice will cause an extreme financial hardship for the employee, the hearing official shall establish an offset schedule that will result in the repayment of the debt in the shortest period of time without producing an extreme financial hardship for the employee.

(Authority: 5 U.S.C. 5514; 31 U.S.C. 3716)


Any action taken, determination made, or requirement imposed by an official of another Department or Agency acting pursuant to an assignment of responsibility under this section shall have the same effect as though such action had been taken by the responsible official of this Department.

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

§ 100.13

Definitions.

As used in this part:

(a) The term Department means the Department of Education.

(b) The term Secretary means the Secretary of Education.


20, 1995; 69 FR 4997, Feb. 2, 2004]

  § 280.41

  What are the limitations on allowable costs?

  An LEA or consortium of LEAs that receives assistance under this part may not—

  (a) Expend for planning more than 50 percent of the funds received for the first fiscal year, and 15 percent of the funds received for the second or the third fiscal year;

  (b) Use funds for transportation; or

  (c) Use funds for any activity that does not augment academic improvement.

  (Authority: 20 U.S.C. 7231g, 7231h(b))

  [60 FR 14866, Mar. 20, 1995, as amended at 69 FR 4997, Feb. 2, 2004]


Subpart E—What Conditions Must Be Met by a Grantee?

  Nondiscrimination

  75.500

  Federal statutes and regulations on nondiscrimination.

  Project Staff

  75.511

  Waiver of requirement for a full-time project director.

  75.515

  Use of consultants.

  75.516

  Compensation of consultants—employees of institutions of higher education.

  75.517

  [Reserved]

  75.519

  Dual compensation of staff.

  Conflict of Interest

  75.524

  Conflict of interest: Purpose of § 75.525.

  75.525

  Conflict of interest: Participation in a project.


(c) How does the Secretary implement an annual priority? The Secretary may choose one or more of the following methods to implement an annual priority:

  (1) Invitations. The Secretary may simply invite applications that meet a priority. If the Secetary chooses this method, an application that meets the priority receives no competitive or absolute preference over applications that do not meet the priority.

  (2) Competitive preference. The Secretary may give one of the following kinds of competitive preference to applications that meet a priority.

  (i) The Secretary may award some or all bonus points to an application depending on the extent to which the application meets the priority. These points are in addition to any points the applicant earns under the selection criteria (see § 75.200(b)).


(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, § 106.23 was amended by removing the parenthetical authority citation at the end of the section, effective Aug. 14, 2020.


222.71

  What tax rates may the Secretary use if substantial local revenues are derived from local tax sources other than real property taxes?

  222.72

  How does the Secretary determine whether a fiscally dependent local educational agency meets the applicable tax rate requirement?

  222.73

  What information must the State educational agency provide?

  222.74

  How does the Secretary identify generally comparable local educational agencies for purposes of section 8003(b)(2)?

  222.75

  How does the Secretary compute the average per pupil expenditure of generally comparable local educational agencies under this subpart?

  222.76-222.79

  [Reserved]

  Subpart F [Reserved]


13559)

  [81 FR 19409, Apr. 4, 2016]

Reports

  § 76.720

  State reporting requirements.

  (a) This section applies to a State's reports required under 2 CFR 200.327 (Financial reporting) and 2 CFR 200.328 (Monitoring and reporting program performance), and other reports required by the Secretary and approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520.


The definition includes employment that is constant and available year-round only if, within 18 months after the effective date of this regulation and at least once every three years thereafter, the SEA documents that, given the nature of the work, of those workers whose children were previously determined to be eligible based on the State's prior determination of the temporary nature of such employment (or the children themselves if they are the workers), virtually no workers remained employed by the same employer more than 12 months.

  [73 FR 44123, July 29, 2008, as amended at 81 FR 28970, May 10, 2016; 83 FR 42440, Aug. 22, 2018; 84 FR 31676, July 2, 2019]


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

    § 222.178

    What eligibility requirements must an LEA meet to apply for an emergency grant under the second priority?

    Except as provided in § 222.179, an LEA is eligible to apply for an emergency grant under the second priority of section 8007(b) of the Act if it—

    (a) Is eligible to receive funds for the fiscal year under section 8003(b) of the Act;

    (b)(1) Enrolls federally connected children living on Indian lands equal to at least 40 percent of the total number of children in average daily attendance (ADA) in its schools; or

    (2) Enrolls federally connected children with a parent in the U.S.


1221e-3 and 3474)

  § 75.253

  Continuation of a multi-year project after the first budget period.

  (a) The Secretary may make a continuation award for a budget period after the first budget period of an approved multi-year project if:

  (1) The Congress has appropriated sufficient funds under the program;

  (2) The grantee has either—

  (i) Made substantial progress in achieving—

  (A) The goals and objectives of the project; and

  (B) If the Secretary established performance measurement requirements for the grant in the application notice, the performance targets in the grantee's approved application;


57]; 106.34(e)

Coverage, [5]; 106.11 to 106.17

Exemptions

Curricular materials, [52]; 106.42(a)

D

Definitions, [14, 15]; 106.2 (a) to (r)

Designation of responsible employee, [20, 22]; 106.8(a), (b)

Dissemination of policy, [21]; 106.9

Distribution, 106.9(c)

Notification of policy, [21]; 106.9(a)

Publications, 106.9(b)

Dress codes 106.31(b) (4)

E

Education Institutions

Controlled by religious organizations, 106.12

Application, [28, 29];


Except as otherwise provided in the regulations, these methods are the only methods that may be used in making these calculations.

  1. Determinations of disparity standard compliance under § 222.162(b)(1).

  (a) The determinations of disparity in current expenditures or revenue per pupil are made by—

  (i) Ranking all LEAs having similar grade levels within the State on the basis of current expenditures or revenue per pupil for the second preceding fiscal year before the year of determination;

  (ii) Identifying those LEAs in each ranking that fall at the 95th and 5th percentiles of the total number of pupils in attendance in the schools of those LEAs; and

  (iii) Subtracting the lower current expenditure or revenue per pupil figure from the higher for those agencies identified in paragraph (ii) and dividing the difference by the lower figure.


222.155

  When and where is an administrative hearing held?

  222.156

  How is an administrative hearing conducted?

  222.157

  What procedures apply for issuing or appealing an administrative law judge's decision?

  222.158

  What procedures apply to the Secretary's review of an initial decision?

  222.159

  When and where does a party seek judicial review?

  Subpart K—Determinations Under Section 8009 of the Act

  222.160

  What are the scope and purpose of this subpart?

  222.161

  How is State aid treated under section 7009 of the Act?

  222.162


(4) Any priorities established by the Secretary for the program for that year and the method the Secretary will use to implement the priorities. (See § 75.105 Annual priorities.)

  (5) Where to find the regulations that apply to the program.

  (6) The statutory authority for the program.

  (7) The deadlines established under § 75.102 (Deadline date for applications.) and 34 CFR 79.8 (How does the Secretary provide States an opportunity to comment on proposed Federal financial assistance?)

  (b) If the Secretary either requires or permits preapplications under a program, an application notice for the program explains how an applicant can get the preapplication form.

  (Authority: 20 U.S.C.


(3)(i) The Secretary establishes, for a program subject to this part, a date by which the program office must deliver guidance to the States regarding the contents of the State plan under that program.

  (ii) The Secretary may only establish a date for the delivery of guidance to the States so that there are at least as many days between that date and the date that State plans must be submitted to the Department as there are days between the date that State plans must be submitted to the Department and the date that funds are available for obligation by the Secretary on July 1, or October 1, as appropriate.


Subpart B [Reserved]

  Subpart C—How Does the Secretary Award a Grant?

  270.20

  How does the Secretary evaluate an application for a grant?

  270.21

  How does the Secretary determine the amount of a grant?

  Subpart D—What Conditions Must I Meet after I Receive a Grant?

  270.30

  What conditions must be met by a recipient of a grant?

  270.31

  What stipends and related reimbursements are authorized under this program?

  270.32

  What limitation is imposed on providing Equity Assistance under this program?


222.66

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

  222.67

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

  222.68

  How does the Secretary determine whether a fiscally independent local educational agency meets the applicable tax rate requirement?

  222.69

  What tax rates does the Secretary use if real property is assessed at different percentages of true value?

  222.70

  What tax rates does the Secretary use if two or more different classifications of real property are taxed at different rates?

  222.71

  What tax rates may the Secretary use if substantial local revenues are derived from local tax sources other than real property taxes?


§ 81.11

Motions.

(a) To obtain an order or a ruling from an ALJ, a party shall make a motion to the ALJ.

(b) Except for a request for an extension of time, a motion must be made in writing unless the parties appear in person or participate in a conference telephone call. The ALJ may require a party to reduce an oral motion to writing.

(c) If a party files a motion, the party shall serve a copy of the motion on the other party on the filing date by hand-delivery or by mail. If agreed upon by the parties, service of the motion may be made upon the other party by facsimile transmission.


1221e-3 and 3474)

[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 59 FR 30261, June 10, 1994]


or suspend or terminate collection of a debt, under subpart F of this part;

(7) Take any other actions under the procedures of the FCCS in order to protect the United States Government's interests; or

(8) Use any combination of the procedures listed in this paragraph (c) as may be appropriate in a particular case.

(Authority: 20 U.S.C. 1221e-3(a)(1) and 1226a-1, 31 U.S.C. 3711(e))

[53 FR 33425, Aug. 30, 1988]

§ 30.2

On what authority does the Secretary rely to collect a debt under this part?


Person means any individual, partnership, corporation, association, or private organization.

(Authority: 31 U.S.C. 3801(a)(6))

Representative means:

(a) An attorney who is a member in good standing of the bar of any State, territory, possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico; or

(b) Any other person designated by a party in writing, provided that the designation includes a certification that the party understands the nature and consequences of an administrative enforcement action under this part, and that he or she has the right to representation by counsel or to self-representation.

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


Proprietary Vocational Education Schools

A. Recipient Responsibilities

Proprietary vocational education schools that are recipients of Federal financial assistance through Federal student assistance programs or otherwise are subject to all of the requirements of the Department's regulations and these Guidelines.

B. Enforcement Authority

Enforcement of the provisions of Title IX of the Education Amendments of 1972 and Section 504 of the Rehabilitation Act of 1973 is the responsibility of the Department of Education. However, authority to enforce Title VI of the Civil rights Act of 1964 for proprietary vocational education schools has been delegated to the Veterans Administration.


Section 104.33(d) requires recipients to achieve full compliance with the free appropriate public education requirements of § 104.33 as expeditiously as possible, but in no event later than September 1, 1978. The provision also makes clear that, as of the effective date of this regulation, no recipient may exclude a qualified handicapped child from its educational program. This provision against exclusion is consistent with the order of providing services set forth in section 612(3) of the EHA, which places the highest priority on providing services to handicapped children who are not receiving an education.

  24. Educational setting.


(Authority: 31 U.S.C. 3803(g)(3)(B)(ii))

§ 33.25

Fees.

The party requesting a subpoena shall pay the cost of the fees and mileage of any witness subpoenaed in the amounts that would be payable to a witness in a proceeding in United States District Court. A check for witness fees and mileage must accompany the subpoena when served, except that if a subpoena is issued on behalf of the authority, a check for witness fees and mileage need not accompany the subpoena.

(Authority: 31 U.S.C. 3804(b))


§ 101.77

  Admissions as to facts and documents.

  Not later than 15 days prior to the scheduled date of the hearing except for good cause shown, or prior to such earlier date as the presiding officer may order, any party may serve upon an opposing party a written request for the admission of the genuineness and authenticity of any relevant documents described in and exhibited with the request, or for the admission of the truth of any relevant matters of fact stated in the request.


Pt. 76

PART 76—STATE-ADMINISTERED PROGRAMS

Subpart A—General

  Regulations that Apply to State-Administered Programs

  Sec.

  76.1

  Programs to which part 76 applies.

  76.2

  Exceptions in program regulations to part 76.

  Eligibility for a Grant or Subgrant

  76.50

  Statutes determine eligibility and whether subgrants are made.

  76.51

  A State distributes funds by formula or competition.

  76.52

  Eligibility of faith-based organizations for a subgrant and nondiscrimination against those organizations.

Subpart B—How a State Applies for a Grant


(4) The significance of the disclosure's contribution to public understanding of government operations or activities, i.e., the public's understanding of the subject matter existing prior to the disclosure must be likely to be enhanced significantly by the disclosure.

(c) To determine whether a FOIA request is eligible for waiver or reduction of fees pursuant to paragraph (a)(2) of this section, the Department considers the following factors:


(2) Requests for admissions of the authenticity of any relevant document or of the truth of any relevant fact.

(3) Written interrogatories.

(4) Depositions.

(b) For the purpose of this section and §§ 33.22 and 33.23, the term “documents” includes information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence. Nothing contained in this part may be interpreted to require the creation of a document.

(c) Unless mutually agreed to by the parties, discovery is available only as ordered by the ALJ. The ALJ shall regulate the timing of discovery.

(d) Motions for discovery. (1) A party seeking discovery may file a motion with the ALJ.


(a)(1) An LEA may request reconsideration of any determination made by the Secretary (or the Secretary's delegatee) under the Act, either in addition to or instead of requesting an administrative hearing under § 222.151.

  (2) A request for reconsideration, or actual reconsideration by the Secretary (or the Secretary's delegatee), does not extend the time within which an applicant must file a request for an administrative hearing under § 222.151, unless the Secretary (or the Secretary's delegatee) extends that time limit in writing.


2(d), the Secretary determines that the innovative assessment system is of high quality if—

    (1) An innovative assessment developed in any grade or subject under § 200.5(a)(1) and section 1111(b)(2)(B)(v) of the Act—

    (i) Meets all of the requirements under section 1111(b)(2) of the Act and § 200.105(b) and (c);

    (ii) Provides coherent and timely information about student achievement based on the challenging State academic standards under section 1111(b)(1) of the Act;

    (iii) Includes objective measurements of academic achievement, knowledge, and skills; and

    (iv) Is valid, reliable, and consistent with relevant,


Thus, for example, communications with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client's proposal, but generally advocate one proposal over another are not allowable under this section because the lawyer is not providing professional legal services. Similarly, communications with the intent to influence made by an engineer providing an engineering analysis prior to the preparation or submission of a bid or proposal are not allowable under this section since the engineer is providing technical services but not directly in the preparation, submission or negotiation of a covered Federal action.


1232g(b)(4)(B), (f) and (g))

[53 FR 11943, Apr. 11, 1988, as amended at 58 FR 3189, Jan. 7, 1993; 65 FR 41854, July 6, 2000; 73 FR 74854, Dec. 9, 2008; 76 FR 75643, Dec. 2, 2011]

§ 99.65

What is the content of the notice of investigation issued by the Office?


§ 101.114

  Expeditious treatment.

  Requests for expeditious treatment of matters pending before the responsible Department official or the presiding officer are deemed communications on the merits, and are improper except when forwarded from parties to a proceeding and served upon all other parties thereto. Such communications should be in the form of a motion.


(f) Maintain means to maintain, collect, use, or disseminate when used in connection with the term “record”; and, to have control over or responsibility for a system of records when used in connection with the term “system of records.”

(g) Notification means communication to an individual whether he is a subject individual.

(h) Record means any item, collection, or grouping of information about an individual that is maintained by the Department, including but not limited to the individual's education, financial transactions, medical history, and criminal or employment history and that contains his name, or an identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph. When used in this part, record means only a record which is in a system of records.


(3) The phrase “schools in the United States” includes only schools in the 50 States and the District of Columbia.

    (Approved by the Office of Management and Budget under control number 1810-0576 and 1810-0581)

    (Authority: 20 U.S.C. 1221e-3, 1400 et seq., 3474, 6311(b)(2), 6571, 7491(3), and 7801(20) and (34); 25 U.S.C. 2902; 29 U.S.C. 794; 42 U.S.C.


For an eight mill rate the guarantee is $500, for nine mills $550, for 10 mills $600. LEA X levies a 10 mill rate and realizes $300 per pupil. Furthermore, it levies an additional 10 mills under a local leeway option realizing another $300 per pupil. The $300 proceeds of the local leeway option are not included in local tax revenues covered under the equalization program, but they are included in total local tax revenues. 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.


2. At 85 FR 30579, May 19, 2020, § 106.12 was amended by removing the parenthetical authority citation at the end of the section, effective  Aug. 14, 2020.


(Authority: 5 U.S.C. 5514; 31 U.S.C. 3711; 31 U.S.C. 3716)

§ 31.2

Definitions.

As used in this part:

Agency means—

(1) An Executive agency as defined in 5 U.S.C. 105, including the U.S. Postal Service and the U.S. Postal Rate Commission;

(2) A military department as defined in 5 U.S.C. 102;

(3) An agency or court in the judicial branch, including a court as defined in 28 U.S.C. 610, the District Court for the Northern Mariana Islands, and the Judicial Panel on Multidistrict Litigation;


(c) Allowable fees and expenses include the following, as applicable:

(1) An award of fees based on rates customarily charged by attorneys, agents, and expert witnesses.

(2) An award for the reasonable expenses of the attorney, agent, or expert witness as a separate item if the attorney, agent, or expert witness ordinarily charges clients separately for those expenses.

(3) The cost of any study, analysis, engineering report, test, or project related to the preparation of the applicant's case in the adversary adjudication.

(d) The calculation of fees and expenses as provided for under paragraph (c) of this section shall be in accordance with the standards for awards as described in § 21.50(a) through (c).

(Authority: 5 U.S.C.


(d) The term reviewing authority means the Secretary, or any person or persons (including a board or other body specially created for that purpose and also including the responsible Department official) acting pursuant to authority delegated by the Secretary to carry out responsibilities under § 100.10(a)-(d).

(e) The term United States means the States of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, and the territories and possessions of the United States, and the term “State” means any one of the foregoing.


3. College housing

  Title IV of the Housing Act of 1950 as amended (12 U.S.C. 1749, et seq.)

  part 614.

(Authority: 20 U.S.C. 1221e-3(a)(1), 1230, 1232h, 3487, 3507)

§ 98.2

Definitions.

(a) The following terms used in this part are defined in 34 CFR part 77; “Department,” “Recipient,” “Secretary.”

(b) The following definitions apply to this part:

Act means the General Education Provisions Act.


(c)(1) Grantees must obtain a signed payback agreement from each participant before the participant begins training. The agreement must include—

  (i) The estimated total training costs;

  (ii) The estimated length of training; and

  (iii) Information documenting that the grantee held a payback meeting with the participant that meets the requirements of this section.

  (2) Grantees must submit a signed payback agreement to the Department within seven days of signing the payback agreement.

  (d) Grantees must conduct activities to assist participants in identifying and securing qualifying employment opportunities following completion of the program.


(Authority: 20 U.S.C. 7712)

  [62 FR 35413, July 1, 1997]

  § 222.16

  What information and documentation must a local educational agency submit for an eligible overpayment to be considered for forgiveness?

  (a) Every LEA requesting forgiveness must submit, within the time limits established under § 222.14(b), the following information and documentation for the fiscal year immediately preceding the date of the forgiveness request (“preceding fiscal year”):

  (1) A copy of the LEA's annual financial report to the State.

  (2) The LEA's local real property tax rate for current expenditure purposes, as described in § 222.17(b).


(b) Any sanction, including but not limited to those listed in paragraphs (c), (d), and (e) of this section must reasonably relate to the severity and nature of the failure or misconduct.

(c) If a party fails to comply with an order, including an order for taking a deposition, the production of evidence within the party's control, or a request for admission, the ALJ may—

(1) Draw an inference in favor of the requesting party with regard to the information sought;

(2) In the case of requests for admission, deem each matter of which an admission is requested to be admitted;

(3) Prohibit the party failing to comply with the order from introducing evidence concerning, or otherwise relying upon testimony relating to, the information sought; and

(4) Strike any part of the pleadings or other submissions of the party failing to comply with the request.


(Authority: 20 U.S.C. 1221e-3(a)(1) and 1226a-1, 31 U.S.C. 3716(b))

  § 30.31

  How does the Secretary apply funds recovered by offset if multiple debts are involved?

  If the Secretary collects more than one debt of a debtor by administrative offset, the Secretary applies the recovered funds to satisfy those debts based on the Secretary's determination of the best interests of the United States, determined by the facts and circumstances of the particular case.

  (Authority: 20 U.S.C. 1221e-3(a)(1) and 1226a-1, 31 U.S.C. 3716(b))

IRS Tax Refund Offset Procedures


For the purposes of this section, the term local educational agency does not include a State agency.

  (b) Each State educational agency, on the basis of a plan approved by the Secretary, shall approve an indirect cost rate for each local educational agency that requests it to do so. These rates may be for periods longer than a year if rates are sufficiently stable to justify a longer period.

  (c) The Secretary generally approves indirect cost rate agreements annually. Indirect cost rate agreements may be approved for periods longer than a year if the Secretary determines that rates will be sufficiently stable to justify a longer rate period.

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

  [59 FR 59583, Nov. 17, 1994]


13, 2000]

  § 104.6

  Remedial action, voluntary action, and self-evaluation.

  (a) Remedial action. (1) If the Assistant Secretary finds that a recipient has discriminated against persons on the basis of handicap in violation of section 504 or this part, the recipient shall take such remedial action as the Assistant Secretary deems necessary to overcome the effects of the discrimination.

  (2) Where a recipient is found to have discriminated against persons on the basis of handicap in violation of section 504 or this part and where another recipient exercises control over the recipient that has discriminated, the Assistant Secretary, where appropriate, may require either or both recipients to take remedial action.


Departures from particular technical and scoping requirements of UFAS by the use of other methods are permitted where substantially equivalent or greater access to and usability of the building is provided.

  (2) For purposes of this section, section 4.1.6(1)(g) of UFAS shall be interpreted to exempt from the requirements of UFAS only mechanical rooms and other spaces that, because of their intended use, will not require accessibility to the public or beneficiaries or result in the employment or residence therein of persons with phusical handicaps.

  (3) This section does not require recipients to make building alterations that have little likelihood of being accomplished without removing or altering a load-bearing structural member.


(b) Dissemination of policy—(1) Notification of policy. Each recipient must notify persons entitled to a notification under paragraph (a) of this section that the recipient does not discriminate on the basis of sex in the education program or activity that it operates, and that it is required by title IX and this part not to discriminate in such a manner. Such notification must state that the requirement not to discriminate in the education program or activity extends to admission (unless subpart C of this part does not apply) and employment, and that inquiries about the application of title IX and this part to such recipient may be referred to the recipient's Title IX Coordinator, to the Assistant Secretary, or both.

(2) Publications.


(2) An individual will be granted notification of or access to a record in an exempt system but only to the extent that notification or access would not reveal the identity of a source who furnished the record to the Department under an express promise, and, prior to September 27, 1975, an implied promise, that his identity would be held in confidence if—

(i) The record is in a system of records or that portion of a system of records that is exempt under subsection (k)(2), but not under subsection (j)(2), of the Act and the individual has been, as a result of the maintenance of the record, denied a right, privilege, or benefit to which he or she would otherwise be eligible;


No change has been made in this provision, again because of the extreme difficulties in administration that would result from the choice of the former standard. Under the remedial action provisions of § 104.6(a)(3), however, persons beyond the age limits prescribed in § 104.3(k)(2) may in appropriate cases be required to be provided services that they were formerly denied because of a recipient's violation of section 504.

  Section 104.3(k)(2) states that a handicapped person is qualified for preschool, elementary, or secondary services if the person is of an age at which nonhandicapped persons are eligible for such services or at which State law mandates the provision of educational services to handicapped persons.


(j) Local educational agency means a local educational agency as defined by section 9101(26) of the Elementary and Secondary Education Act of 1965, as amended by section 901 of the No Child Left Behind Act of 2001, Pub. L. 107-110, 115 Stat. 1425, 1961 (20 U.S.C. 7801).

(k) Outside youth or community group means a youth or community group that is not affiliated with the school.

(l) Premises or facilities means all or any portion of buildings, structures, equipment, roads, walks, parking lots, or other real or personal property or interest in that property.


(Approved by the Office of Management and Budget under control number 1880-0522)

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

[55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66226, Dec. 17, 1996]

§ 86.7

What definitions apply to this part?

(a) Definitions in EDGAR. The following terms used in this part are defined in 34 CFR part 77:

Department

EDGAR

Secretary

(b) Other definitions. The following terms used in this part are defined as follows:


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

    (Authority: 20 U.S.C. 7703(a), 7704)

    [81 FR 64743, Sept. 20, 2016]

    § 222.92

    What additional statutes and regulations apply to this subpart?

    (a) The following statutes and regulations apply to LEAs that claim children residing on Indian lands for payments under section 8003:


(c) In making a determination under paragraph (a) of this section, an educational agency or institution may take into account the totality of the circumstances pertaining to a threat to the health or safety of a student or other individuals. If the educational agency or institution determines that there is an articulable and significant threat to the health or safety of a student or other individuals, it may disclose information from education records to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals. If, based on the information available at the time of the determination, there is a rational basis for the determination, the Department will not substitute its judgment for that of the educational agency or institution in evaluating the circumstances and making its determination.


If the ALJ fails to meet the deadline contained in this paragraph, he or she shall notify the parties of the reasons for the delay and shall set a new deadline.

(d) Unless the initial decision of the ALJ is timely appealed to the Department head, or a motion for reconsideration of the initial decision is timely filed, the initial decision shall constitute the final decision of the Department head and shall be final and binding on the parties 30 days after it is issued by the ALJ.

(Authority: 31 U.S.C. 3803(h)(i))

§ 33.38

Reconsideration of initial decision.


Native youth community project means a project that is—

  (1) Focused on a defined local geographic area;

  (2) Centered on the goal of ensuring that Indian students are prepared for college and careers;

  (3) Informed by evidence, which could be either a needs assessment conducted within the last three years or other data analysis, on—

  (i) The greatest barriers, both in and out of school, to the readiness of local Indian students for college and careers;

  (ii) Opportunities in the local community to support Indian students; and

  (iii) Existing local policies, programs, practices, service providers, and funding sources;

  (4) Focused on one or more barriers or opportunities with a community-based strategy or strategies and measurable objectives;


§ 110.3

What definitions apply?

The following definitions apply to these regulations: Act means the Age Discrimination Act of 1975, as amended (Title III of Pub. L. 94-135).

  Action means any act, activity, policy, rule, standard, or method of administration, or the use of any policy, rule, standard, or method of administration.

  Age means how old a person is, or the number of years from the date of a person's birth.

  Age distinction means any action using age or an age-related term.


(c) A filing or amended filing on or after the date on which an administrative action for the imposition of a civil penalty is commenced does not prevent the imposition of such civil penalty for a failure occurring before that date. An administrative action is commenced with respect to a failure when an investigating official determines in writing to commence an investigation of an allegation of such failure.


Example:

    In State X, after ranking all LEAs organized on a grade 9-12 basis in order of the expenditures per pupil for the fiscal year in question, it is ascertained by counting the number of pupils in attendance in those agencies in ascending order of expenditure that the 5th percentile of student population is reached at LEA A with a per pupil expenditure of $820, and that the 95th percentile of student population is reached at LEA B with a per pupil expenditure of $1,000. The percentage disparity between the 95th and 5th percentile LEAs is 22 percent ($1,000-$820 = $180/$820). The program would meet the disparity standard for fiscal years before fiscal year 1998 but would not for subsequent years.


(a) Except as provided in paragraph (b) of this section, a grantee under this program must comply with—

    (1) The general construction legal requirements identified in the grant application assurances;

    (2) The prevailing wage standards in the grantee's locality that are established by the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. 276a, et seq.); and

    (3) All relevant Federal, State, and local environmental laws and regulations.

    (b) A grantee that qualifies for a grant because it enrolls a high proportion of federally connected children who reside on Indian lands is considered to receive a grant award primarily for the benefit of Indians and must therefore comply with the Indian preference requirements of section 7(b) of the Indian Self-Determination Act.

    (Authority: 20 U.S.C. 7707(b) and 1221e-3)


(b) Although not exhaustive, the following factors are among those that may influence the ALJ and the Department head in determining the amount of penalties and assessments to impose with respect to the misconduct (i.e., the false, fictitious, or fraudulent claims or statements) charged in the complaint:

(1) The number of false, fictitious, or fraudulent claims or statements.

(2) The time period over which such claims or statements were made.

(3) The degree of the defendent's culpability with respect to the misconduct.

(4) The amount of money or the value of the property, services, or benefit falsely claimed.

(5) The value of the Government's actual loss as a result of the misconduct, including foreseeable consequential damages and the costs of investigation.


(b) An agency, consortium, or entity shall use funds under a program listed in § 299.6(b) to meet the special educational needs of participating children who attend a private school and their teachers and other educational personnel, but may not use those funds for—

  (1) The needs of the private school; or

  (2) The general needs of children and their teachers and other educational personnel in the private school.

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

  § 299.9

  What are the requirements concerning property, equipment, and supplies for the benefit of private school children and teachers?


§ 110.21

Notice to subrecipients.

If the recipient initially receiving funds makes the funds available to a subrecipient, the recipient shall notify the subrecipient of its obligations under the Act and these regulations.

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


§ 75.157

  The State reviews each application.

  A State that receives an application under § 75.156 may review and comment on the application.

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


(5) Designed and implemented through a partnership of various entities, which—

  (i) Must include—

  (A) One or more tribes or their tribal education agencies; and

  (B) One or more BIE-funded schools, one or more local educational agencies, or both; and

  (ii) May include other optional entities, including community-based organizations, national nonprofit organizations, and Alaska regional corporations; and

  (6) Led by an entity that—

  (i) Is eligible for a grant under the Demonstration Grants for Indian Children program; and

  (ii) Demonstrates, or partners with an entity that demonstrates, the capacity to improve outcomes that are relevant to the project focus through experience with programs funded through other sources.

    Professional development activities means in-service training offered to enhance the skills and abilities of individuals that may be part of, but not exclusively, the activities provided in a Demonstration Grants for Indian Children program.


(4) Degree of support afforded by the decedent to each survivor dependent upon him for support at the time of his death.

(5) Decedent's general physical and mental condition before death.

(6) Itemized bills for medical and burial expenses incurred by reason of the incident causing death, or itemized receipts of payments for such expenses.

(7) If damages for pain and suffering prior to death are claimed, a physician's detailed statement specifying the injuries suffered, duration of pain and suffering, any drugs administered for pain and the decedent's physical condition in the interval between injury and death.

(8) Any other evidence or information which may have a bearing on either the responsibility of the United States for the death or the damages claimed.

(b) Personal injury.


(3) Upon approval, the LEA must notify all parents of high school students it serves that the LEA received approval and will use such locally selected, nationally recognized high school academic assessment instead of the statewide academic assessment under § 200.5(a)(1)(i)(B) and (a)(1)(ii)(C), as applicable.


(Approved by the Office of Management and Budget under control number 1855-0007)

  [70 FR 15003, Mar. 24, 2005, as amended at 84 FR 25998, June 5, 2019]

  § 225.12

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


(6) For projects that plan to reserve funds for technical assistance, dissemination, or personnel, the quality of the applicant's plan to use grant funds for these purposes.

  (c) The grant project team. (1) The qualifications, including relevant training and experience, of the project manager and other members of the grant project team, including employees not paid with grant funds, consultants, and subcontractors.

  (2) The adequacy and appropriateness of the applicant's staffing plan for the grant project.

  (d) The budget. (1) The extent to which the requested grant amount and the project costs are reasonable in relation to the objectives, design, and potential significance of the proposed grant project.


§ 33.38

Reconsideration of initial decision.

(a) Except as provided in paragraph (d) of this section, any party may file a motion for reconsideration of the initial decision within 20 days of receipt of the initial decision. If service was made by mail, receipt is presumed to be five days from the date of mailing in the absence of contrary proof.

(b) Every motion under paragraph (a) of this section must set forth the matters claimed to have been erroneously decided and the nature of the alleged errors. The motion must be accompanied by a supporting brief.

(c) Responses to the motion are allowed only upon request to the ALJ.


(Authority: 40 U.S.C. 484(k))

§ 12.2

What definitions apply?

(a) Definitions in the Act. The following terms used in this part are defined in section 472 of the Act:

  Administrator

  Surplus property

(b) Definitions in the Education Department General Administrative Regulations (EDGAR). The following terms used in this part are defined in 34 CFR 77.1:

  Department

  Secretary

  State

(c) Other definitions: The following definitions also apply to this part:


Frequently occurring examples of the first group are persons with histories of mental or emotional illness, heart disease, or cancer; of the second group, persons who have been misclassified as having an intellectual disability.

  The third part of the statutory and regulatory definition of handicapped person includes any person who is regarded as having a physical or mental impairment that substantially limits one or more major life activities. It includes many persons who are ordinarily considered to be handicapped but who do not technically fall within the first two parts of the statutory definition, such as persons with a limp.


A failure on the part of a State to comply with that request within a reasonable period of time results in a summary determination by the Secretary that the State aid program of that State does not comport with the regulations in this subpart.

  (5) Before making a determination under section 8009, the Secretary affords the State, and all LEAs in the State, an opportunity to present their views as follows:

  (i) Upon receipt of a timely request for a predetermination hearing, the Secretary notifies all LEAs and the State of the time and place of the predetermination hearing.

  (ii) Predetermination hearings are informal and any LEA and the State may participate whether or not they requested the predetermination hearing.


(2) ED does not begin a deferral until the recipient has received a notice of an opportunity for a hearing under § 110.35(a)(1). A deferral may not continue for more than 60 days unless a hearing has begun within that time or the time for beginning the hearing has been extended by mutual consent of the recipient and ED. A deferral may not continue for more than 30 days after the close of the hearing, unless the hearing results in a finding against the recipient.

(Authority: 42 U.S.C. 6104)

[58 FR 40197, July 27, 1993, as amended at 65 FR 68057, Nov. 13, 2000]


and a description of the period of time that the identifiable private information or identifiable biospecimens may be used for research purposes (which period of time could be indefinite);

(5) Unless the subject or legally authorized representative will be provided details about specific research studies, a statement that they will not be informed of the details of any specific research studies that might be conducted using the subject's identifiable private information or identifiable biospecimens, including the purposes of the research, and that they might have chosen not to consent to some of those specific research studies;

(6) Unless it is known that clinically relevant research results, including individual research results, will be disclosed to the subject in all circumstances, a statement that such results may not be disclosed to the subject;


20 U.S.C. 1094(c)(3)(B) (Section 487(c)(3)(B) of the HEA)

  Provides for a civil penalty, as set by Congress in 1986, of up to 25,000 for an IHE's violation of Title IV of the HEA, which authorizes various programs of student financial assistance.

  58,328

  20 U.S.C. 1228c(c)(2)(E) (Section 429 of the General Education Provisions Act)

  Provides for a civil penalty, as set by Congress in 1994, of up to 1,000 for an educational organization's failure to disclose certain information to minor students and their parents.

  1,722


together with a statement by the State or parent organization that the applicant is a local nonprofit affiliate.

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

  § 75.52

  Eligibility of faith-based organizations for a grant and nondiscrimination against those organizations.

  (a)(1) A faith-based organization is eligible to apply for and to receive a grant under a program of the Department on the same basis as any other private organization, with respect to programs for which such other organizations are eligible.


The LEA has not made any commitments for the HVAC system because it has no remaining funds available to pay for that work. Since other funds are not available, it would not be supplanting if the LEA received an emergency grant under this program to pay for the HVAC system.

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

    § 222.175

    What regulations apply to recipients of funds under this program?

    The following regulations apply to the Impact Aid Discretionary Construction program:

    (a) The Education Department General Administrative Regulations (EDGAR) as follows:

    (1) 34 CFR part 75 (Direct Grant Programs) except for 34 CFR §§ 75.600 through 75.617.


§ 97.112

Review by Institution

Research covered by this policy that has been approved by an IRB may be subject to further appropriate review and approval or disapproval by officials of the institution. However, those officials may not approve the research if it has not been approved by an IRB.


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

(3) In making this determination, the hearing official shall consider—

(i) The income from all sources of the employee, and his or her spouse and dependents;

(ii) The extent to which the assets of the employee and his or her spouse and dependents are available to meet the offset and the essential subsistence expenses;

(iii) Whether these essential subsistence expenses have been minimized to the greatest extent possible;

(iv) The extent to which the employee and his or her spouse and dependents can borrow to satisfy the debt to be collected by offset or to meet essential expenses; and

(v) The extent to which the employee and his or her spouse and dependents have other exceptional expenses that should be taken into account, and whether these expenses have been minimized.


§ 82.110

Certification and disclosure.

(a) Each person shall file a certification, and a disclosure form, if required, with each submission that initiates agency consideration of such person for:

(1) Award of a Federal contract, grant, or cooperative agreement exceeding $100,000; or

(2) An award of a Federal loan or a commitment providing for the United States to insure or guarantee a loan exceeding $150,000.


(2) The Assistant Secretary may require recipients with fewer than fifteen employees to provide auxiliary aids where the provision of aids would not significantly impair the ability of the recipient to provide its benefits or services.

  (3) For the purpose of this paragraph, auxiliary aids may include brailled and taped material, interpreters, and other aids for persons with impaired hearing or vision.

  § 104.53

  Drug and alcohol addicts.

  A recipient to which this subpart applies that operates a general hospital or outpatient facility may not discriminate in admission or treatment against a drug or alcohol abuser or alcoholic who is suffering from a medical condition, because of the person's drug or alcohol abuse or alcoholism.


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

§ 100.8

Procedure for effecting compliance.

(a) General. If there appears to be a failure or threatened failure to comply with this regulation, and if the noncompliance or threatened noncompliance cannot be corrected by informal means, compliance with this part may be effected by the suspension or termination of or refusal to grant or to continue Federal financial assistance or by any other means authorized by law.


(2) The word “offset” is used in this subpart to refer to the collection of a debt by administrative offset.

  (b) The Secretary does not rely on 31 U.S.C. 3716 as authority for offset if:

  (1) The debt is owed by a State or local government;

  (2) The debt, or the payment against which offset would be taken, arises under the Social Security Act;

  (3) The debt is owed under:

  (i) The Internal Revenue Code of 1954; or

  (ii) The tariff laws of the United States; or

  (4) The right to collect the debt first accrued more than ten years before initiation of the offset.


and

    (ii) Be partially delivered in the form of portfolios, projects, or extended performance tasks;

    (8) Objectively measure academic achievement, knowledge, and skills without evaluating or assessing personal or family beliefs and attitudes, except that this provision does not preclude the use of—

    (i) Constructed-response, short answer, or essay questions; or

    (ii) Items that require a student to analyze a passage of text or to express opinions;

    (9) Provide for participation in the assessments of all students in the grades assessed consistent with §§ 200.5(a) and 200.6;

    (10) At the State's discretion, be administered through—

    (i) A single summative assessment;


(j) The Department head affirms, reduces, reverses, compromises, remands, or settles any penalty or assessment, determined by the ALJ in any initial decision.

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

(k) The Department head promptly serves each party to the appeal with a copy of the decision of the Department head and a statement describing the right of any person determined to be liable for a penalty or assessment to seek judicial review.

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


(F) Economically disadvantaged students as compared to students who are not economically disadvantaged;

    (G) Status as a homeless child or youth as defined in section 725(2) of title VII, subtitle B of the McKinney-Vento Homeless Assistance Act, as amended;

    (H) Status as a child in foster care. “Foster care” means 24-hour substitute care for children placed away from their parents and for whom the agency under title IV-E of the Social Security Act has placement and care responsibility. This includes, but is not limited to, placements in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, child care institutions, and preadoptive homes.


222.39

  How does a State educational agency identify generally comparable local educational agencies for local contribution rate purposes?

  222.40

  What procedures does a State educational agency use for certain local educational agencies to determine generally comparable local educational agencies using additional factors, for local contribution rate purposes?

  222.41

  How does a State educational agency compute and certify local contribution rates based upon generally comparable local educational agencies?

  222.42

  [Reserved]

  222.43

  What requirements must a local educational agency meet in order to be eligible for financial assistance under section 8003(b)(1)(F) due to unusual geographic features?


Related personal property means any personal property—

(1) That is located on and is an integral part of, or incidental to the operation of, the surplus Federal real property; or

(2) That is determined by the Administrator to be otherwise related to the surplus Federal real property.

  Surplus Federal real property means the property assigned or suitable for assignment to the Secretary by the Administrator for disposal under the Act.

  Transfer means to sell and convey title to surplus Federal real property for educational purposes as described in this part.


(a) From the proportional share reserved for equitable services under § 200.77(d), an LEA shall ensure that teachers and families of participating private school children participate on an equitable basis in services and activities under this subpart.

    (b) After consultation with appropriate private school officials, the LEA must provide services and activities under paragraph (a) of this section either—

    (1) In conjunction with the LEA's services and activities for teachers and families; or

    (2) Independently.

    [84 FR 31675, July 2, 2019]

    § 200.66

    Requirements to ensure that funds do not benefit a private school.


(c) The Secretary designates the Office of Administrative Law Judges to act as the Review Board required under the Act to enforce the Act with respect to all applicable programs. The term applicable program is defined in section 400 of the General Education Provisions Act.

(Authority: 20 U.S.C. 1232g (f) and (g), 1234)

[53 FR 11943, Apr. 11, 1988, as amended at 58 FR 3189, Jan. 7, 1993; 82 FR 6253, Jan. 19, 2017]


§ 75.701

  The grantee administers or supervises the project.

  A grantee shall directly administer or supervise the administration of the project.

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

  § 75.702

  Fiscal control and fund accounting procedures.

  A grantee shall use fiscal control and fund accounting procedures that insure proper disbursement of, and accounting for, Federal funds as required in 2 CFR part 200, subpart D—Post Federal Award Requirements.

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

  [79 FR 76093, Dec. 19, 2014]


§ 33.34

Evidence.

(a) The ALJ shall determine the admissibility of evidence.

(b) Except as provided in this part, the ALJ is not bound by the Federal Rules of Evidence. However, the ALJ may apply the Federal Rules of Evidence if appropriate, e.g., to exclude unreliable evidence.

(c) The ALJ shall exclude irrelevant and immaterial evidence.

(d) Although relevant, evidence may be excluded if its probative value is substantially outweighted by the danger of unfair prejudice, confusion of the issues, or by considerations of undue delay or needless presentation of cumulative evidence.

(e) Although relevant, evidence may be excluded if it is privileged under Federal law.


A blanket consent to disclose all of a subject individual's records to unspecified individuals or organizational units will not be honored. The subject individual's identity and, where applicable (e.g., where a subject individual gives consent to disclosure of a record to a specific individual), the identity of the individual to whom the record is to be disclosed shall be verified.

(2) A parent or guardian of any minor is not authorized to give consent to a disclosure of the minor's medical record.

(b) Disclosures without the consent of the subject individual. The disclosures listed in this paragraph may be made without the consent of the subject individual. Such disclosures are:

(1) To those officers and employees of the Department who have a need for the record in the performance of their duties.


Indian organization means an organization that—

  (1) Is legally established—

  (i) By tribal or inter-tribal charter or in accordance with State or tribal law; and

  (ii) With appropriate constitution, by-laws, or articles of incorporation;

  (2) Includes in its purposes the promotion of the education of Indians;

  (3) Is controlled by a governing board, the majority of which is Indian;

  (4) If located on an Indian reservation, operates with the sanction of or by charter from the governing body of that reservation;

  (5) Is neither an organization or subdivision of, nor under the direct control of, any institution of higher education; and

  (6) Is not an agency of State or local government.


11, 1988, as amended at 61 FR 59296, Nov. 21, 1996]

§ 99.22

What minimum requirements exist for the conduct of a hearing?

The hearing required by § 99.21 must meet, at a minimum, the following requirements:

(a) The educational agency or institution shall hold the hearing within a reasonable time after it has received the request for the hearing from the parent or eligible student.

(b) The educational agency or institution shall give the parent or eligible student notice of the date, time, and place, reasonably in advance of the hearing.

(c) The hearing may be conducted by any individual, including an official of the educational agency or institution, who does not have a direct interest in the outcome of the hearing.


222.75

  How does the Secretary compute the average per pupil expenditure of generally comparable local educational agencies under this subpart?

  222.76-222.79

  [Reserved]

  Subpart F [Reserved]

  Subpart G—Special Provisions for Local Educational Agencies That Claim Children Residing on Indian Lands

    General

    222.90

    What definitions apply to this subpart?

    222.91

    What requirements must a local educational agency meet to receive a payment under section 7003 of the Act for children residing on Indian lands?

    222.92

    What additional statutes and regulations apply to this subpart?


The projected data must show the resulting amounts of State aid as if the State were certified to consider Impact Aid in making State aid payments.

  (c) Definitions. The following definitions apply to this subpart:

    Current expenditures is defined in section 7013(4) of the Act. Additionally, for the purposes of this section it does not include expenditures of funds received by the agency under sections 7002 and 7003(b) (including hold harmless payments calculated under section 7003(e)) that are not taken into consideration under the State aid program and exceed the proportion of those funds that the State would be allowed to take into consideration under § 222.162.

    Equalize expenditures means to meet the standard set forth in § 222.162.


(g) If the ALJ issues a revised initial decision, that decision shall constitute the final decision of the Department head and shall be final and binding on the parties 30 days after it is issued, unless it is timely appealed to the Department head in accordance with § 33.39.

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

§ 33.39

Appeal to Department head.

(a) Any defendant who has filed a timely answer and who is determined in an initial decision to be liable for a civil penalty or assessment may appeal the decision to the Department head by filing a notice of appeal with the Department head in accordance with this section.


(d) The payment or subsidization of the compensation of instructional staff, where applicable, who satisfy the requirements of paragraphs (c)(2) and (3) of this section.

  (e) With respect to a magnet school program offered to less than the entire school population, for instructional activities that—

  (1) Are designed to make available the special curriculum of the magnet school program to students enrolled in the school, but not in the magnet school program; and

  (2) Further the purposes of the program.

  (f) Activities, which may include professional development, that will build the recipient's capacity to operate magnet school programs once the grant period has ended.


(a) An LEA shall use funds provided under section 8003(d) in accordance with the provisions of section 8003(d)(2) and 34 CFR parts 300 and 303.

  (b) Obligations and expenditures of section 8003(d) funds may be incurred in either of the two following ways:

  (1) An LEA may obligate or expend section 8003(d) funds for the fiscal year for which the funds were appropriated.

  (2) An LEA may reimburse itself for obligations or expenditures of local and general State aid funds for the fiscal year for which the section 8003(d) funds were appropriated.


The goal of consultation is reaching agreement on how to provide equitable and effective programs for eligible private school children, and the results of that agreement must be transmitted to the ombudsman designated under § 200.68.

    (b) At a minimum, the LEA must consult on the following:

    (1) How the LEA will identify the needs of eligible private school children.

    (2) What services the LEA will offer to eligible private school children.

    (3) How and when the LEA will make decisions about the delivery of services.

    (4) How, where, and by whom the LEA will provide services to eligible private school children.


§ 270.4

  What types of projects are authorized under this program?

  (a) The Secretary may award funds to EACs for projects offering technical assistance (including training) to school boards and other responsible governmental agencies, at their request, for assistance in the preparation, adoption, and implementation of plans for the desegregation of public schools.

  (b) A project must provide technical assistance in all four of the desegregation assistance areas, as defined in 34 CFR 270.7.


§ 76.202

  Opportunity for a hearing before a State plan is disapproved.

  The Secretary may disapprove a State plan only after:

  (a) Notifying the State;

  (b) Offering the State a reasonable opportunity for a hearing; and

  (c) Holding the hearing, if requested by the State.

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


Subpart B—Employment Practices

  Subpart B prescribes requirements for nondiscrimination in the employment practices of recipients of Federal financial assistance administered by the Department. This subpart is consistent with the employment provisions of the Department's regulation implementing title IX of the Education Amendments of 1972 (34 CFR, part 106) and the regulation of the Department of Labor under section 503 of the Rehabilitation Act, which requries certain Federal contractors to take affirmative action in the employment and advancement of qualified handicapped persons. All recipients subject to title IX are also subject to this regulation. In addition, many recipients subject to this regulation receive Federal procurement contracts in excess of $2,500 and are therefore also subject to section 503.

  15. Discriminatory practices.


12, 1995; 61 FR 8455, Mar. 4, 1996]

  § 75.102

  Deadline date for applications.

  (a) The application notice for a program sets a deadline date for the transmittal of applications to the Department.

  (b) If an applicant wants a new grant, the applicant must submit an application in accordance with the requirements in the application notice.

  (c) [Reserved]

  (d) If the Secretary allows an applicant to submit a paper application, the applicant must show one of the following as proof of mailing by the deadline date:

  (1) A legibly dated U.S. Postal Service postmark.


1061-1087).

22. Grants and contracts for the conduct of Talent Search, Upward Bound, and Special Services Programs (20 U.S.C. 1068).

23. Land-grant college aid (7 U.S.C. 301-308; 321-326; 328-331).

24. Language and area centers (Title VI, National Defense Education Act, 20 U.S.C. 511).

25. American Printing House for the Blind (20 U.S.C. 101-105).

26. Future Farmers of America (36 U.S.C. 271-391) and similar programs.

27. Science clubs (Pub. L. 85-875, 20 U.S.C. 2, note).

28.


Notwithstanding the requirements of paragraph (a) of this section, a recipient may operate or sponsor separate teams for members of each sex where selection for such teams is based upon competitive skill or the activity involved is a contact sport. However, where a recipient operates or sponsors a team in a particular sport for members of one sex but operates or sponsors no such team for members of the other sex, and athletic opportunities for members of that sex have previously been limited, members of the excluded sex must be allowed to try-out for the team offered unless the sport involved is a contact sport. For the purposes of this part, contact sports include boxing, wrestling, rugby, ice hockey, football, basketball and other sports the purpose or major activity of which involves bodily contact.

  (c) Equal opportunity.


L. 95-602, 92 Stat. 2955); the Rehabilitation Act Amendments of 1986 (Pub. L. 99-506, 100 Stat. 1810); and the Civil Rights Restoration Act of 1987 (Pub. L. 100-259, 102 Stat. 28). As used in this part, section 504 applies only to programs or activities conducted by the Department and not to federally assisted programs.

  Substantial impairment means a significant loss of the integrity of finished materials, design quality, or special character resulting from a permanent alteration.

[55 FR 37168, Sept. 7, 1990, as amended at 82 FR 31912, July 11, 2017]


(b) Institute of Education Sciences, 550 12th Street SW., Washington, DC 20202, (202) 245-6940, http://ies.ed.gov/ncee/wwc/Handbooks.

(1) What Works Clearinghouse Procedures and Standards Handbook, Version 3.0, March 2014, IBR approved for § 77.1.

(2) What Works Clearinghouse Procedures and Standards Handbook, Version 2.1, September 2011, IBR approved for § 77.1.

[82 FR 35450, July 31, 2017]

Pt. 79

PART 79—INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF EDUCATION PROGRAMS AND ACTIVITIES


Nothing in this regulation, however, shall be deemed to supersede any of the following (including future amendments thereof):

(1) Executive Order 11063 and regulations issued thereunder, or any other regulations or instructions, insofar as such Order, regulations, or instructions prohibit discrimination on the ground of race, color, or national origin in any program or situation to which this regulation is inapplicable, or prohibit discrimination on any other ground; or

(2) Requirements for Emergency School Assistance as published in 35 FR 13442 and codified as 34 CFR part 280.

(b) Forms and instructions. The responsible Department official shall issue and promptly make available to interested persons forms and detailed instructions and procedures for effectuating this part.

(c) Supervision and coordination.


14, 2020.

  § 106.59

  Advertising.

  A recipient shall not in any advertising related to employment indicate preference, limitation, specification, or discrimination based on sex unless sex is a bona-fide occupational qualification for the particular job in question.

  (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, § 106.59 was amended by removing the parenthetical authority citation at the end of the section, effective Aug. 14, 2020.


(2) The Secretary reduces the payment for applications described in paragraph (b)(1) of this section by 10 percent of the amount that would have been paid if the LEA had timely filed the application.

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

  [60 FR 50778, Sept. 29, 1995, as amended at 80 FR 33162, June 11, 2015]


Indian means an individual who is—

  (1) A member of an Indian tribe or band, as membership is defined by the Indian tribe or band, including any tribe or band terminated since 1940, and any tribe or band recognized by the State in which the tribe or band resides;

  (2) A descendant of a parent or grandparent who meets the requirements described in paragraph (1) of this definition;

  (3) Considered by the Secretary of the Interior to be an Indian for any purpose;

  (4) An Eskimo, Aleut, or other Alaska Native; or

  (5) A member of an organized Indian group that received a grant under the Indian Education Act of 1988 as it was in effect on October 19, 1994.


2601, 2602, 2610a-2610c).

11. Research and training projects in Vocational Education (20 U.S.C. 1281(a), 1282-1284).

12. Allowances to institutions training NDEA graduate fellows (20 U.S.C. 461-465).

13. Grants for training in librarianship (20 U.S.C. 1031-1033).

14. Grants for training personnel for the education of handicapped children (20 U.S.C. 1431).

15. Allowances for institutions training teachers and related educational personnel in elementary and secondary education, or post-secondary vocational education (20 U.S.C. 1111-1118).

16.


Records

  § 76.730

  Records related to grant funds.

  A State and a subgrantee shall keep records that fully show:

  (a) The amount of funds under the grant or subgrant;

  (b) How the State or subgrantee uses the funds;

  (c) The total cost of the project;

  (d) The share of that cost provided from other sources; and

  (e) Other records to facilitate an effective audit.

  (Approved by the Office of Management and Budget under control number 1880-0513)

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

  [45 FR 22517, Apr. 3, 1980.


Postal Service postmark for the employee's request; or

(ii) A legibly stamped U.S. Postal Service mail receipt for the employee's request.

(2) The Secretary does not rely on either of the following as proof of mailing:

(i) A private metered postmark.

(ii) A mail receipt that is not dated by the U.S. Postal Service.

(c) Payment by offset under this part of all or part of a debt does not constitute an acknowledgment of the debt or a waiver of rights available to the employee under this part or other applicable law if the employee has not agreed in writing to the offset.

(Authority: 5 U.S.C. 5514; 31 U.S.C. 3716)


For this purpose, the Department is establishing a special technical assistance unit. Recipients are encouraged to call upon the unit staff for advice and guidance both on structural modifications and on other ways of meeting the program accessibility requirement.

  Paragraph (d) has been amended to require recipients to make all nonstructural adjustments necessary for meeting the program accessibility standard within sixty days. Only where structural changes in facilities are necessary will a recipient be permitted up to three years to accomplish program accessibility. It should be emphasized that the three-year time period is not a waiting period and that all changes must be accomplished as expeditiously as possible. Further, it is the Department's belief, after consultation with experts in the field, that outside ramps to buildings can be constructed quickly and at relatively low cost.


7881.

Section 299.8 also issued under 20 U.S.C. 7881.

Section 299.9 also issued under 20 U.S.C. 7881.

Section 299.10 also issued under 20 U.S.C. 7881(a)(3)(B).

Section 299.11 also issued under 20 U.S.C. 1221e-3, 7844(a)(3)(C), 7883.

Section 299.12 also issued under 20 U.S.C. 1221e-3, 7844(a)(3)(C), 7883.

Section 299.13 also issued under 20 U.S.C. 1221e-3, 7844(a)(3)(C), 7883.


§§ 222.56-222.59

  [Reserved]

Subpart E—Payments for Heavily Impacted Local Educational Agencies Under Section 8003(b)(2) of the Act

  Source:

  80 FR 33166, June 11, 2015, unless otherwise noted.

  § 222.60

  What are the scope and purpose of this subpart?

  The regulations in this subpart implement section 8003(b)(2) of the Act, which provides financial assistance to certain heavily impacted local educational agencies (LEAs). The specific eligibility requirements are detailed in §§ 222.62 through 222.66.

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


Note:

  Section 4155(b) of the No Child Left Behind Act of 2001, 20 U.S.C. 7165(b), requires each State to assure the Secretary of Education that it has a procedure in place to facilitate the transfer of disciplinary records with respect to a suspension or expulsion of a student by a local educational agency to any private or public elementary or secondary school in which the student is subsequently enrolled or seeks, intends, or is instructed to enroll.


§ 99.21

Under what conditions does a parent or eligible student have the right to a hearing?

(a) An educational agency or institution shall give a parent or eligible student, on request, an opportunity for a hearing to challenge the content of the student's education records on the grounds that the information contained in the education records is inaccurate, misleading, or in violation of the privacy rights of the student.

(b)(1) If, as a result of the hearing, the educational agency or institution decides that the information is inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it shall:

(i) Amend the record accordingly; and

(ii) Inform the parent or eligible student of the amendment in writing.


(2) If a debtor breaches a repayment agreement, the Secretary may offset, or, under § 30.30, refer to another agency for offset:

  (i) The amount owing under the agreement; or

  (ii) The entire original debt, to the extent not repaid.

  (Authority: 20 U.S.C. 1221-3(a)(1) and 1226a-1, 31 U.S.C. 3716(b))

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


5 (a) and (d);

(2) The sixty-fifth day after the date of the pre-offset notice under § 31.3 if the employee did not timely request either a hearing in accordance with § 31.5 (a) and (d) or an opportunity to inspect and copy documents related to the debt under § 31.4; or

(3) The fifteenth day after the date on which the Secretary made available documents related to the debt, if the employee filed a timely request for documents under § 31.4.


§ 76.137

  How may carryover funds be used under the consolidated grant application?

  Any funds under any applicable program which are available for obligation and expenditure in the year succeeding the fiscal year for which they are appropriated must be obligated and expended in accordance with the consolidated grant application submitted by the Insular Area for that program for the succeeding fiscal year.

  (Authority: 20 U.S.C. 1225(b); 48 U.S.C. 1469a)

Amendments


3711(e), 3717(e)(1), 3718))

§ 30.61

What penalties does the Secretary impose on delinquent debtors?

(a) If a debtor does not make a payment on a debt, or portion of a debt, within 90 days after the date specified in the first demand for payment sent to the debtor, the Secretary imposes a penalty on the debtor.

(b)(1) The amount of the penalty imposed under paragraph (a) of this section is 6 percent per year of the amount of the delinquent debt.

(2) The penalty imposed under this section runs from the date specified in the first demand for payment to the date the debt (including the penalty) is paid.


§ 101.84

  Public document items.

  Whenever there is offered (in whole or in part) a public document, such as an official report, decision, opinion, or published scientific or economic statistical data issued by any of the executive departments (or their subdivisions), legislative agencies or committees, or administrative agencies of the Federal Government (including Government-owned corporations), or a similar document issued by a State or its agencies, and such document (or part thereof) has been shown by the offeror to be reasonably available to the public, such document need not be produced or marked for identification, but may be offered for official notice, as a public document item by specifying the document or relevant part thereof.

  § 101.85

  Offer of proof.


§ 32.9

Written decision.

(a) The hearing official issues a written decision stating the facts supporting the nature and origin of the debt and the hearing official's analysis, findings and conclusions as to the amount of the debt and the repayment schedule within 60 days of filing of the employee's request for a pre-offset hearing, unless the employee requests, and the hearing official grants, a delay in the proceedings.

(b) The hearing official decides whether the Secretary's determination of the existence and the amount of the overpayment or the extreme financial hardship caused by the involuntary repayment schedule is clearly erroneous.


(2) In cases where there are no local tax revenues for current expenditures and the State provides all of those revenues on behalf of the LEA, the State may consider up to 100 percent of the funds received under the Act by that LEA in allocating State aid.

  (Authority: 20 U.S.C. 7709(d)(1)(B))

  (c) Application of proportion to Impact Aid payments.


Pt. 5

PART 5—AVAILABILITY OF INFORMATION TO THE PUBLIC

Subpart A—General Provisions

Sec.

5.1

Purpose.

5.2

Definitions.

Subpart B—Records Available to the Public

5.10

Public reading room.

5.11

Business information.

5.12

Creation of records not required.

5.13

Preservation of records.

Subpart C—Procedures for Requesting Access to Records and Disclosure of Records

5.20

Requirements for making FOIA requests.

5.21

Procedure for processing FOIA requests.


or the student's previous need for accommodations to participate in general State or districtwide assessments; and

    (iii) A student is identified as having the most significant cognitive disabilities because the student requires extensive, direct individualized instruction and substantial supports to achieve measurable gains on the challenging State academic content standards for the grade in which the student is enrolled;

    (2) Provide to IEP teams a clear explanation of the differences between assessments based on grade-level academic achievement standards and those based on alternate academic achievement standards, including any effects of State and local policies on a student's education resulting from taking an alternate assessment aligned with alternate academic achievement standards, such as how participation in such assessments may delay or otherwise affect the student from completing the requirements for a regular high school diploma;


(b) Personal services by an employee of the State or subgrantee

When the services are performed.

(c) Personal services by a contractor who is not an employee of the State or subgrantee

On the date on which the State or subgrantee makes a binding written commitment to obtain the services.

(d) Performance of work other than personal services

On the date on which the State or subgrantee makes a binding written commitment to obtain the work.

(e) Public utility services

When the State or subgrantee receives the services.

(f) Travel

When the travel is taken.

(g) Rental of real or personal property

When the State or subgrantee uses the property.


or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the recipient obtains that party's voluntary, written consent to do so for a grievance process under this section (if a party is not an “eligible student,” as defined in 34 CFR 99.3, then the recipient must obtain the voluntary, written consent of a “parent,” as defined in 34 CFR 99.3);

  (ii) Provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence;

  (iii) Not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence;


§ 206.3

  Who is eligible to participate in a project?

  (a) General. To be eligible to participate in a HEP or a CAMP project—

  (1) A person, or his or her immediate family member, must have spent a minimum of 75 days during the past 24 months as a migrant or seasonal farmworker; or

  (2) The person must have participated (with respect to HEP within the last 24 months), or be eligible to participate, in programs under 34 CFR part 200, subpart C (Title I—Migrant Education Program) or 20 CFR part 633 (Employment and Training Administration, Department of Labor—Migrant and Seasonal Farmworker Programs).


(2) When the nature of the services provided or exigent circumstances make it impracticable to provide the written notice in advance of the actual services, the organization must advise beneficiaries of their protections at the earliest available opportunity.

  (c) The notice that a faith-based organization must use to notify beneficiaries or prospective beneficiaries of their rights under paragraph (a) of this section is specified in appendix A to this part.

  (Authority: 20 U.S.C. 1221e-3 and 3474, E.O. 13559)

  [Approved by the Office of Management and Budget under control number 1895-0001]

  [81 FR 19407, Apr. 4, 2016]


(1) Only Departmental officers or employees delegated the authority to deny a FOIA request may deny a FOIA request on behalf of the Department.

(2)(i) The Department notifies the requester in writing of any decision to deny a FOIA request in whole or in part.


(ii) Pupil residence information, including:

  (A) The complete address of the pupil's residence, or other acceptable location information for that residence, such as a complete legal description, a complete U.S. Geological Survey number, or complete property tract or parcel number, or acceptable certification by a Federal agency official with access to data or records to verify the location of the Federal property; and

  (B) If the pupil's residence is on Federal property, the name of the Federal facility.

  (3) If any of the following circumstances apply, the parent-pupil survey form must also include the following:

  (i) If the parent is employed on Federal property, except for a parent who is a member of the uniformed services on active duty, parent employment information, including—


(ii) If an SEA determines that data it submitted previously to MSIX should be corrected, the SEA must submit the revised data to MSIX within four working days of its decision to correct the data. An SEA is not required to notify MSIX if it decides not to revise the data as requested.

  (iii)(A) If a parent, guardian, or migratory child requests that an SEA correct or determine the correctness of data that was submitted to MSIX by another SEA, within four working days of receipt of the request, the SEA must send the data correction request to the SEA that submitted the data to MSIX.


The determination of the ownership of the domestic right, title, and interest in and to an invention which is or may be patentable, made by a Government employee while under the administrative jurisdiction of the Department, will be made in writing by the Secretary in accordance with the provisions of Executive Order 10096 and Government-wide regulations issued thereunder by the Commissioner of Patents as follows:

(a) The Government as represented by the Secretary shall obtain the entire domestic right, title and interest in and to all inventions made by any Government employee (1) during working hours, or (2) with a contribution by the Government of facilities, equipment, materials, funds, or information, or of time or services of other Government employees on official duty,


(4) For an LEA or consortium of LEAs that seeks assistance for existing magnet schools—

  (i) Enrollment numbers and percentages, for minority and non-minority group students, for each magnet school for which funding is sought and each feeder school—

  (A) For the school year prior to the creation of each magnet school;

  (B) For the school year in which the application is submitted; and

  (C) For each of the school years of the proposed grant cycle (i.e. projected enrollment figures); and

  (ii) Districtwide enrollment numbers and percentages for minority group students in the LEA's or consortium of LEAs' schools, for grade levels involved in the applicant's magnet schools (e.g. K-6,


Such opportunities may be derived from either domestic or foreign sources.

  (d) Aid, benefits or services not provided by recipient. (1) This paragraph applies to any recipient which requires participation by any applicant, student, or employee in any education program or activity not operated wholly by such recipient, or which facilitates, permits, or considers such participation as part of or equivalent to an education program or activity operated by such recipient, including participation in educational consortia and cooperative employment and student-teaching assignments.

  (2) Such recipient:


(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)?

  (a) A continuing heavily impacted LEA that fails to meet the eligibility requirements in § 222.63 in any fiscal year or a new heavily impacted LEA that received a section 8003(b)(2) payment but then fails to meet the eligibility requirements in § 222.64 will still receive a heavily impacted payment in the first year of ineligibility, based on the number of children in ADA that would be counted for that application if the LEA were eligible.

  (b)(1) A continuing heavily impacted LEA may resume eligibility for a heavily impacted payment if it applies in the fiscal year preceding the year for which it seeks eligibility and it meets the eligibility requirements in § 222.63 for both fiscal years.


(5) The APPE of the State, as defined in section 8013 of the ESEA.

  (b) An LEA requesting forgiveness under § 222.14(c)(2) (manifestly unjust repayment exception), or § 222.17(a)(3) (no present or prospective ability to repay), also must submit written information and documentation in specific support of its forgiveness request under those provisions within the time limits established under § 222.14(b).

  (Authority: 20 U.S.C. 7712)

  [62 FR 35413, July 1, 1997]

  § 222.17

  How does the Secretary determine undue financial hardship and serious harm to a local educational agency's educational program?


Academic requirements that the recipient can demonstrate are essential to the instruction being pursued by such student or to any directly related licensing requirement will not be regarded as discriminatory within the meaning of this section. Modifications may include changes in the length of time permitted for the completion of degree requirements, substitution of specific courses required for the completion of degree requirements, and adaptation of the manner in which specific courses are conducted.

  (b) Other rules. A recipient to which this subpart applies may not impose upon handicapped students other rules, such as the prohibition of tape recorders in classrooms or of dog guides in campus buildings, that have the effect of limiting the participation of handicapped students in the recipient's education program or activity.

  (c) Course examinations.


(c) Duplication means making a copy of the agency record, or of the information in it, as necessary to respond to a FOIA request. Copies can be made in several forms and formats, including paper and electronic records. The Department honors a requester's specified preference as to form or format of disclosure, provided that the agency record is readily reproducible with reasonable effort in the requested form or format.

(d) Educational institution means a preschool, a public or private elementary or secondary school, an institution of undergraduate higher education, an institution of graduate higher education, an institution of professional education, or an institution of vocational education, that operates a program of scholarly research.


Director of the Institute of Musuem Services means the Director of the Institute of Museum Services or an officer or employee of the Institute of Museum Services acting for the Director under a delegation of authority.

Director of the National Institute of Education means the Director of the National Institute of Education or an officer or employee of the National Institute of Education acting for the Director under a delegation of authority.

ED means the U.S. Department of Education.

EDGAR means the Education Department General Administrative Regulations (34 CFR parts 75, 76, 77, 79, 81, 82, 84, 86, 97, 98, and 99).

Elementary school means a day or residential school that provides elementary education, as determined under State law.


(Authority: 20 U.S.C. 2727(b)(4)(A), 2972(h)(1), 2990(c), 3223(c))

  [54 FR 21776, May 19, 1989]

  § 76.675

  Posthearing procedures.

  (a)(1) Within 120 days after the record of a show cause hearing is closed, the hearing officer issues a written decision on whether a bypass should be implemented.

  (2) The hearing officer sends copies of the decision to the grantee, subgrantee, representatives of the private school children, and the Secretary.


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

    [69 FR 12235, Mar. 15, 2004, as amended at 79 FR 70695, Dec. 19, 2014]

  Conditions and Requirements Grantees Must Meet

    § 222.195

    How does the Secretary make funds available to grantees?

    The Secretary makes funds available to a grantee during a project period using the following procedure:

    (a) Upon final approval of the grant proposal, the Secretary authorizes a project period of up to 60 months based upon the nature of the grant proposal and the time needed to complete the project.


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

  Section 504 means section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794)), as amended by the Rehabilitation Act Amendments of 1974 (Pub. L. 93-516, 88 Stat. 1617); the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978 (Pub. L. 95-602, 92 Stat. 2955); the Rehabilitation Act Amendments of 1986 (Pub. L. 99-506, 100 Stat.


13559)

  [Approved by the Office of Management and Budget under control number 1895-0001]

  [81 FR 19409, Apr. 4, 2016]

  § 76.713

  Beneficiary protections: Referral requirements.

  (a) If a beneficiary or prospective beneficiary of a State-administered program of the Department supported in whole or in part by direct Federal financial assistance objects to the religious character of a faith-based organization that provides services under the program, that organization must promptly undertake reasonable efforts to identify and refer the beneficiary to an alternative provider to which the beneficiary or prospective beneficiary has no objection.


If a transferee of real property proposes to mortgage or otherwise encumber the real property as security for financing construction of new, or improvement of existing, facilities on the property for the purposes for which the property was transferred, the Assistant Secretary may, upon request of the transferee and if necessary to accomplish such financing and upon such conditions as he or she deems appropriate, agree to forbear the exercise of such right to revert title for so long as the lien of such mortgage or other encumbrance remains effective.

  [45 FR 30936, May 9, 1980, as amended at 65 FR 68054, Nov. 13, 2000]

  § 104.6

  Remedial action, voluntary action, and self-evaluation.


(3) If further proceedings are ordered, the adjudicative officer shall determine the scope of those proceedings, which may include such proceedings as informal conferences, oral arguments, additional written submissions, discovery, or an evidentiary hearing.

(4) An adjudicative officer may not order discovery or an evidentiary hearing for the issue of whether or not the Department's position was substantially justified.

(c) If the applicant or the Department's counsel requests the adjudicative officer to order further proceedings, the request must—

(1) Specify the information sought or the disputed issues; and

(2) Explain why the additional proceedings are necessary to obtain that information or resolve those issues.

(Authority: 5 U.S.C. 504(a)(3) and (c)(1))


(iii) Review fees are not assessed for FOIA requests other than those made for a “commercial use,” as the term is defined in § 5.31(a).

(3) Duplication. The Department charges duplication fees at the rate of $0.20 per page for paper photocopies of agency records, $3.00 per CD for documents recorded on CD, and at the direct cost for duplication for electronic copies and other forms of duplication, subject to the limitations of paragraph (b) of this section.

(b) Limitations on fees.


1145g)

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

§ 86.302

What are the procedures used by the Secretary for providing information or technical assistance?

(a) The Secretary provides information or technical assistance to an IHE in writing, through site visits, or by other means.

(b) The IHE shall inform the Secretary of any corrective action it has taken within a period specified by the Secretary.

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

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


The following definitions also apply to this part:

    Act means the Elementary and Secondary Education Act of 1965 as amended by title V, Part C of the No Child Left Behind Act of 2001, Pub. L. 107-110 (20 U.S.C. 7231-7231j).

    Desegregation, in reference to a plan, means a plan for the reassignment of children or faculty to remedy the illegal separation of minority group children or faculty in the schools of an LEA or a plan for the reduction, elimination, or prevention of minority group isolation in one or more of the schools of an LEA.

    Feeder school means a school from which students are drawn to attend a magnet school.


MDEs may include—

  (1) Immunization records and other health information;

  (2) Academic history (including partial credit), credit accrual, and results from State assessments required under the ESEA;

  (3) Other academic information essential to ensuring that migratory children achieve to high academic standards; and

  (4) Information regarding eligibility for services under the Individuals with Disabilities Education Act.

  (j) Move or Moved means a change from one residence to another residence that occurs due to economic necessity.


§ 222.114

    How does the Assistant Secretary implement the provisions of this subpart?

    The Assistant Secretary implements section 8004 of the Act and this subpart through such actions as the Assistant Secretary determines to be appropriate, including the withholding of funds in accordance with §§ 222.115-222.122, after affording the affected LEA, parents, and Indian tribe or tribes an opportunity to present their views.

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

    § 222.115

    When does the Assistant Secretary withhold payments from a local educational agency under this subpart?


F. Eligibility for Admission to Secondary Vocational Education Centers Based on Numerical Limits Imposed on Sending Schools

A recipient may not adopt or maintain a system for admission to a secondary vocational education center or program that limits admission to a fixed number of students from each sending school included in the center's service area if such a system disproportionately excludes students from the center on the basis of race, sex, national origin or handicap. (Example: Assume 25 percent of a school district's high school students are black and that most of those black students are enrolled in one high school; the white students, 75 percent of the district's total enrollment, are generally enrolled in the five remaining high schools.


(b) All unexpired contracts entered into prior to September 27, 1975 which require the contractor to maintain or on behalf of the Department to maintain, a system of records to accomplish a Department function will be amended as soon as practicable to include a provision requiring the contractor to comply with the Act and this part. All such contracts must be so amended by July 1, 1976 unless for good cause the appeal authority identified in § 5b.8 of this part authorizes the continuation of the contract without amendment beyond that date.

(c) A contractor and any employee of such contractor shall be considered employees of the Department only for the purposes of the criminal penalties of the Act, 5 U.S.C.


The application in question and all amendments and exhibits must be made part of the hearing record.

  (c) Technical rules of evidence, including the Federal Rules of Evidence, do not apply to hearings conducted under this subpart, but the ALJ may apply rules designed to assure production of the most credible evidence available, including allowing the cross-examination of witnesses.

  (d) Each party may examine all documents and other evidence offered or accepted for the record, and may have the opportunity to refute facts and arguments advanced on either side of the issues.

  (e) A transcript must be made of the oral evidence unless the parties agree otherwise.

  (f) Each party may be represented by counsel.

  (g) The ALJ is bound by all applicable statutes and regulations and may neither waive them nor rule them invalid.