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

3.  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.  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.  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.  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.  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. 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.  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.  76.304—District to make application available to public (includes private schools) ◦ Includes  Application  Evaluation  Periodic program plan  Report related to program

11. 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. 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. 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.  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.  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.  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.  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.  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. 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.  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.  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.  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.  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.  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.  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.  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.  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.  76.707—When obligations are made If the obligation is forWhen obligated Personal services by employee When services performed Non-employee servicesDate of written commitment Non-personal service work Date of written commitment Public utility servicesWhen services received TravelWhen travel taken Rental of real or personal property When property used Real or personal property penal property Date of written commitment

29.  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.  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.  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.  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.  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.  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.  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