34 C.F.R. § 75.261 Extension of a project period.
Title 34 - Education
(a) General rule. A grantee may, notwithstanding any regulatory requirement in 34 CFR part 80, extend the project period of an award one time for a period up to twelve months without the prior approval of the Secretary, if— (1) The grantee meets the requirements for extension of 34 CFR 74.25(e)(2); and (2) ED regulations other than the regulations in 34 CFR part 80, statutes or the conditions of an award do not prohibit the extension. (b) Specific rule for certain programs of the National Institute on Disability and Rehabilitation Research. Notwithstanding paragraph (a) of this section, grantees under the following programs of NIDRR must request prior approval to extend their grants under paragraph (c) of this section: (1) The Knowledge Dissemination and Utilization Centers and Disability and Technical Assistance Centers authorized under 29 U.S.C. 761a(b)(2), (4), (5), (6), and (11) and implemented at 34 CFR part 350, subpart B, §§350.17–350.19. (2) The Rehabilitation Research and Training Centers program authorized under 29 U.S.C. 762(b) and implemented at 34 CFR part 350, subpart C. (3) The Rehabilitation Engineering Research Centers authorized under 29 U.S.C. 762(b)(3) and implemented at 34 CFR part 350, subpart D. (4) The Special Projects and Demonstrations for Spinal Cord Injuries authorized under 29 U.S.C. 762(b)(4) and implemented at 34 CFR part 359. (c) Other regulations. If ED regulations, other than the regulations in 34 CFR part 80, or the conditions of the award require the grantee to get prior approval to extend the project period, the Secretary may permit the grantee to extend the project period if— (1) The extension does not violate any statute or regulations; (2) The extension does not involve the obligation of additional Federal funds; (3) The extension is to carry out the activities in the approved application; and (4)(i) The Secretary determines that, due to special or unusual circumstances applicable to a class of grantees, the project periods for the grantees should be extended; or (ii)(A) The Secretary determines that special or unusual circumstances would delay completion of the project beyond the end of the project period; (B) The grantee requests an extension of the project at least 45 calendar days before the end of the project period; and (C) The grantee provides a written statement before the end of the project period giving the reasons why the extension is appropriate under paragraph (c)(4)(ii)(A) of this section and the period for which the project needs extension. (d) Waiver. The Secretary may waive the requirement in paragraph (a)(4)(ii)(B) of this section if— (1) The grantee could not reasonably have known of the need for the extension on or before the start of the 45-day time period; or (2) The failure to give notice on or before the start of the 45-day time period was unavoidable. (Authority: 20 U.S.C. 1221e–3 and 3474) [57 FR 30338, July 8, 1992, as amended at 62 FR 40424, July 28, 1997]
Title 34: Education
PART 75—DIRECT GRANT PROGRAMS
Subpart D—How Grants Are Made
Miscellaneous
§ 75.261 Extension of a project period.
