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June 23, 2005 edition
Education Department General Administrative Regulations 34 CFR Parts 74, 75, 76, 77, 79, 80, 81, 82, (84), 85, (85), 86, 97, 98, 99 as of June 23, 2005
U.S. Department of Education Margaret Spellings Secretary Office of the Chief Financial Officer Jack Martin Chief Financial Officer Grants Policy and Oversight Staff Blanca Rosa Rodriguez Director June 23, 2005 This publication is in the public domain. Authorization to reproduce it in whole or in part is granted. While permission to reprint this publication is not necessary, the citation should be: U.S. Department of Education, Grants Policy and Oversight Staff, Education Department General Administrative Regulations (EDGAR), Washington, D.C., 20005. This publication is available on the Department's Web site at: http://www.ed.gov/policy/fund/reg/edgarReg/edgar.html On request, this publication is available in alternative formats, such as Braille, large print or computer diskette. For more information, please contact the Department's Alternate Format Center (202) 260-0852 or (202) 260-0818.
FOREWORD
The Code of Federal Regulations (CFR) is a codification of the
general and permanent rules published in the Federal Register by the
executive departments and agencies of the federal government. The
code is divided into 50 titles that represent broad areas subject to
federal regulation. (Note 1 below) "Title 34-Education" is presently
composed of three volumes (Parts 1-299, Parts 300-399, and Parts
400-End). This publication by the U.S. Department of Education is an
unofficial version of the Education Department General
Administrative Regulations (EDGAR), codified at 34 CFR Parts 74-86
and 97-99. The contents of this volume represent regulations codified
under this title of the CFR as of July 1, 2004, (note 2) and five
additions, published in 2004 and 2005 as follows.
On Wednesday, April 21, 2004, the Office of Innovation and
Improvement (OII) of the U.S. Department of Education published in
the Federal Register final regulations amending 34 CFR Part 99 to
implement the Department's interpretation of the Family Educational
Rights and Privacy Act (FERPA) identified through administrative
experience as necessary for proper program operation. These final
regulations provide general guidelines for accepting "signed and
dated written consent" for proper disclosure of education records
under FERPA in electronic format. These regulations became effective
May 21, 2004. (Note 3) See Appendix A.
On Friday, June 4, 2004, the Center for Faith-Based and Community
Initiatives of the Office of the Secretary, U.S. Department of
Education published in the Federal Register final regulations
amending 34 CFR Part 74, Part 75, Part 76 and Part 80. These final
regulations implement executive branch policy that, within the
framework of constitutional church-state guidelines, religiously
affiliated (or "faith-based") organizations should be able to
compete on an equal footing with other organizations for funding
from the U.S. Department of Education. These regulations became
effective July 6, 2004. (Note 4) See Appendix B.
On Thursday, July 8, 2004, the Office of the Secretary (OS)
component of the U.S. Department of Education published in the
Federal Register final regulations amending 34 CFR Part 75. These
regulations governing the process for submitting discretionary grant
applications were amended by removing specific application formats,
thereby permitting electronic submission of applications. The
revisions also clarified that only applicants submitting paper
applications are required to submit one original and two copies of
their applications to the Department of Education. (Note 5) These
regulations became effective Aug. 9, 2004. See Appendix C.
On Thursday, Feb. 10, 2005, the Office of the Chief Financial
Officer (OCFO) of the U.S. Department of Education published in
the Federal Register a notice of new policies and procedural
requirements for the electronic submission of grant applications.
This notice further emphasizes the process for submitting
discretionary grant applications under 34 CFR Part 75. The notice
announced new policies and procedural requirements for the
electronic submission of grant applications through the
governmentwide grant application site, Grants.gov, and the
Department's grant application site, e-Application. (Note 6)
See Appendix D.
On Thursday, June 23, 2005, the Department of Agriculture; the
Department of Energy; the National Aeronautics and Space
Administration; the Department of Commerce; the Consumer Product
Safety Commission; the Agency for International Development; the
Department of Justice; the Department of Defense; the Department of
Education; the Department of Veterans Affairs; the Environmental
Protection Agency; the Department of Health and Human Services; the
National Science Foundation; and the Department of Transportation
amended the Federal Policy for the Protection of Human Subjects,
which was published in the Federal Register on June 18, 1991, to
change all references to the Office for Protection from Research
Risks (OPRR) to the Office of Human Research Protections (OHRP);
revise the footnote found at the end of Sec. --.101(i) by deleting
references to research involving fetuses, pregnant women, or human
in vitro fertilization and Subpart B of 45 CFR Part 46; and update
the control number for the approval by the Office of Management and
Budget (OMB) of the information collection requirements of this
federal policy. (Note 7) See Appendix E.
This new edition contains a table of contents of the various
regulatory parts. In addition, there is a list of tables and a
thematic index with page numbers. The staff of the Department hopes
that these sections will make EDGAR a more user-friendly
publication. Comments on any aspect of this edition are welcome. The
address to send suggestions is located on the last page of this
edition. The Department has made every effort to ensure the accuracy
of the regulations contained in this unofficial version. However,
the only official versions of these regulations are those published
by the Office of the Federal Register (OFR) in the Federal Register
and the Code of Federal Regulations.
U.S. Department of Education
Washington, D.C.
June 23, 2005
--------------------------
Note 1- "34 CFR July 1, 2004, "Code of Federal Regulations:
About," http://www.gpoaccess.gov/cfr/about.html.
Note 2- 34 CFR July 1, 2004, Title 34--Education,
http://www.access.gpo.gov/cgi-bin/cfrassemble.cgi?title=200434.
Note 3- "Signed and dated written consent; electronic format,"
Federal Register, Vol. 69, No. 77, Wednesday, April 21, 2004,
Pages 21670-21672.
Note 4- "Faith-based organizations; eligibility to participate
in direct grant, State-administered, and other such programs,"
Federal Register, Vol. 69, No. 108, Friday, June 4, 2004,
Pages 31708-31715.
Note 5- "Direct grant programs; discretionary grant applications;
electronic submission," Federal Register, Vol. 69, No. 130,
Thursday, July 8, 2004, Pages 41200-41201.
Note 6- "Electronic submission of grant applications; policy
statement," Federal Register, Vol. 70, No. 27, Thursday,
February 10, 2005, Pages 7088-7089.
Note 7- "Protection of human subjects; Federal policy," Federal
Register, Vol. 70, No. 120, Thursday, June 23, 2005,
Pages 36325-36327.
CONTENTS
TABLES
Section 74.27 Allowable Costs
Section 75.500 Federal statutes and regulations on nondiscrimination
Section 75.707 When obligations are made
Section 76.102 Definition of "State plan" for part 76
Section 76.401 Disapproval of an application—opportunity for a hearing
Section 76.500 Federal statutes and regulations on nondiscrimination
Section 76.670 Applicability and filing requirements
Section 76.707 When obligations are made
Section 80.22 Allowable costs
Section 84.220 By When must I publish my drug-free workplace
Statement and establish my drug-free awareness
program?
Section 85.25(a) How is this part organized?
Section 85.25(b) How is this part organized?
Section 85.605 How does suspension differ from debarment?
Section 98.1 Applicability of part