34 C.F.R. Subpart A—General
Title 34 - Education
(a) The regulations in part 76 apply to each State-administered program of the Department. (b) If a State formula grant program does not have implementing regulations, the Secretary implements the program under the authorizing statute and, to the extent consistent with the authorizing statute, under the General Education Provisions Act and the regulations in this part. For the purposes of this part, the term State formula grant program means a program whose authorizing statute or implementing regulations provide a formula for allocating program funds among eligible States. (Authority: 20 U.S.C. 1221e–3, 3474, and 6511(a)) [45 FR 22517, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 45 FR 84059, Dec. 22, 1980; 50 FR 29330, July 18, 1985; 52 FR 27804, July 24, 1987; 54 FR 21776, May 19, 1989; 55 FR 14816, Apr. 18, 1990] If a program has regulations that are not consistent with part 76, the implementing regulations for that program identify the sections of part 76 that do not apply. (Authority: 20 U.S.C. 1221e–3, 3474, and 6511(a)) [45 FR 22517, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 54 FR 21776, May 19, 1989]
Title 34: Education
PART 76—STATE-ADMINISTERED PROGRAMS
Subpart A—General
Regulations That Apply to State-Administered Programs
§ 76.1 Programs to which part 76 applies.
§ 76.2 Exceptions in program regulations to part 76.
Eligibility for a Grant or Subgrant
§ 76.50 Statutes determine eligibility and whether subgrants are made.
(a) Under a program covered by this part, the Secretary makes a grant:
(1) To the State agency designated by the authorizing statute for the program; or
(2) To the State agency designated by the State in accordance with the authorizing statute.
(b) The authorizing statute determines the extent to which a State may:
(1) Use grant funds directly; and
(2) Make subgrants to eligible applicants.
(c) The regulations in part 76 on subgrants apply to a program only if subgrants are authorized under that program.
(d) The authorizing statute determines the eligibility of an applicant for a subgrant.
(Authority: 20 U.S.C. 1221e–3, 3474, and 6511(a))
[45 FR 22517, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 52 FR 27804, July 24, 1987; 54 FR 21776, May 19, 1989]
§ 76.51 A State distributes funds by formula or competition.
If a program statute authorizes a State to make subgrants, the statute:
(a) Requires the State to use a formula to distribute funds;
(b) Gives the State discretion to select subgrantees through a competition among the applicants or through some other procedure; or
(c) Allows some combination of these procedures.
(Authority: 20 U.S.C. 1221e–3, 3474, and 6511(a))
[45 FR 22517, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 54 FR 21776, May 19, 1989]
§ 76.52 Eligibility of faith-based organizations for a subgrant.
(a)(1) A faith-based organization is eligible to apply for and to receive a subgrant under a program of the Department on the same basis as any other private organization, with respect to programs for which such other organizations are eligible.
(2) In the selection of subgrantees, States shall not discriminate for or against a private organization on the basis of the organization's religious character or affiliation.
(b) The provisions of §76.532 apply to a faith-based organization that receives a subgrant from a State under a State-administered program of the Department.
(c) A private organization that engages in inherently religious activities, such as religious worship, instruction, or proselytization, must offer those services separately in time or location from any programs or services supported by a subgrant from a State under a State-administered program of the Department, and participation in any such inherently religious activities by beneficiaries of the programs supported by the subgrant must be voluntary.
(d)(1) A faith-based organization that applies for or receives a subgrant from a State under a State-administered program of the Department may retain its independence, autonomy, right of expression, religious character, and authority over its governance.
(2) A faith-based organization may, among other things—
(i) Retain religious terms in its name;
(ii) Continue to carry out its mission, including the definition, development, practice, and expression of its religious beliefs;
(iii) Use its facilities to provide services without removing or altering religious art, icons, scriptures, or other symbols from these facilities;
(iv) Select its board members and otherwise govern itself on a religious basis; and
(v) Include religious references in its mission statement and other chartering or governing documents.
(e) A private organization that receives a subgrant from a State under a State-administered program of the Department shall not discriminate against a beneficiary or prospective beneficiary in the provision of program services on the basis of religion or religious belief.
(f) If a State or subgrantee contributes its own funds in excess of those funds required by a matching or grant agreement to supplement Federally funded activities, the State or subgrantee has the option to segregate those additional funds or commingle them with the funds required by the matching requirements or grant agreement. However, if the additional funds are commingled, this section applies to all of the commingled funds.
(g) A religious organization's exemption from the Federal prohibition on employment discrimination on the basis of religion, in section 702(a) of the Civil Rights Act of 1964, 42 U.S.C. 2000e–1, is not forfeited when the organization receives financial assistance from the Department.
(Authority: 20 U.S.C. 1221e–3, 3474, and 6511(a))
[45 FR 22517, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 69 FR 31711, June 4, 2004]
Browse Next
