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Title I/LAP Spring Workshop March 2008

Title I/LAP Spring Workshop March 2008. Getting EDGAR. Education Department General Administrative Regulations (EDGAR) http://www.ed.gov/policy/fund/reg/edgarReg/edgar.html. 34 CFR § 76 State Administered Programs. Subpart A—General Subpart B—How a State Applies for a Grant

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Title I/LAP Spring Workshop March 2008

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  1. Title I/LAP Spring WorkshopMarch 2008

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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