Timeliness, Indirect Costs and Other Requirements Under Part 75 Leigh Manasevit, Esq. Brustein & Manasevit, PLLC Spring Forum 2015

An Introduction to Part 75 (The Poor Cousin of Part 76)  Most Large Federal Education Programs  State Administered  Formula Grants  ESEA  IDEA  Perkins  Part 75 does not apply Brustein & Manasevit, PLLC 2

 Part 75 applies to direct grant programs  All programs where there is no formula for allocating funds among eligible states  Examples:  Race to the Top  Investing In Innovation  GEAR UP (Title IV of the Higher Education Act)  But direct grant programs can have formulas Brustein & Manasevit, PLLC 3

Process  Ed Secretary publishes application notices (Federal Register)  How to Apply  Funds Available  Program Info  Priorities  Deadlines  Application Contents  Performance Measurements  Project Period 4

How Grants Are Made  Direct Grants  Discretionary  Formula (Not among states) Brustein & Manasevit, PLLC 5

How Grants Are Made  Discretionary  Selection criteria  Competitive  Formula  Not Competitive Brustein & Manasevit, PLLC 6

How Awards Are Made  ED Secretary – Cost analysis of project  Determines Amount  Special Conditions (If any)  Can be up to 60 months  12 month budget periods Brustein & Manasevit, PLLC 7

Grantees Must:  Comply with non discrimination regulations (Civil Rights)(75.500)  Special Rules on  Full time director (75.511)  Consultants (75.515) Brustein & Manasevit, PLLC 8

Conflict of Interest Rules  Allowable Costs (75.530)  Cross reference to UGG (Part 200)  Same rules as state administered grants Brustein & Manasevit, PLLC 9

Indirect Cost (75.561)  Where ED cognizant– ED approves if not LEA (generally 1 year)  For LEAs SEA has ED approved plan  LEA’s –  Maybe longer than 1 year Brustein & Manasevit, PLLC 10

Indirect Costs – Educational Training Projects (75.562)  Training or other Educational Projects  Summer Institutes  New /Expanded Courses  Not R+D Limited to actual Indirect or 8% MTDC (whichever is less) Brustein & Manasevit, PLLC 11

MTDC Base  Subaward over 25K  Stipends  Tuition related  Equipment (must use grantee threshold) Brustein & Manasevit, PLLC 12

 8% does not apply to Indian Tribal, States, or Local Governments Brustein & Manasevit, PLLC 13

 Costs above 8%  Cannot be:  Charged directly  Used to satisfy match / cost share  Charged to another award Brustein & Manasevit, PLLC 14

Restricted Rate Rules Apply  Non Supplant Brustein & Manasevit, PLLC 15

Evaluation (75.590)  If Required in the application  Must Follow Otherwise – Information Demonstrating:  Progress  Effectiveness  Effect on Participants Brustein & Manasevit, PLLC 16

General Administrative Requirements ( )  Compliance with  Statute  Regulations  Approved Application  Directly supervise projects  Fiscal control and accounting Brustein & Manasevit, PLLC 17

Obligations (75.703, )  Same rules apply but note:  No Tydings Carryover  Obligations only during grant period Brustein & Manasevit, PLLC 18

Subgrants (75.708)  ONLY if Authorized by  Law or  ED Secretary announcement (Federal Register) Brustein & Manasevit, PLLC 19

Compliance (75.901)  ED Secretary may use OALJ where not subject to other procedures Brustein & Manasevit, PLLC 20

~ Legal Disclaimer ~ 21 This presentation is intended solely to provide general information and does not constitute legal advice or a legal service. This presentation does not create a client-lawyer relationship with Brustein & Manasevit, PLLC and, therefore, carries none of the protections under the D.C. Rules of Professional Conduct. Attendance at this presentation, a later review of any printed or electronic materials, or any follow-up questions or communications arising out of this presentation with any attorney at Brustein & Manasevit, PLLC does not create an attorney-client relationship with Brustein & Manasevit, PLLC. You should not take any action based upon any information in this presentation without first consulting legal counsel familiar with your particular circumstances. Brustein & Manasevit, PLLC