34 C.F.R. PART 299—GENERAL PROVISIONS
Title 34 - Education
Authority: 20 U.S.C. 1221e–3(a)(1), 6511(a), and 7373(b), unless otherwise noted.
Source: 62 FR 28252, May 22, 1997, unless otherwise noted.
(a) This part establishes uniform administrative rules for programs in titles I through XIII of the Elementary and Secondary Education Act of 1965, as amended (ESEA). As indicated in particular sections of this part, certain provisions apply only to a specific group of programs. (b) If an ESEA program does not have implementing regulations, the Secretary implements the program under the authorizing statute, and, to the extent applicable, title XIV of ESEA, the General Education Provisions Act, the regulations in this part, and the Education Department General Administrative Regulations (34 CFR parts 74 through 86) that are not inconsistent with specific statutory provisions of ESEA. (Authority: 20 U.S.C. 1221e–3(a)(1)) With regard to the applicability of Education Department General Administrative Regulations (EDGAR) in part 80 to the ESEA programs except for title VIII programs (Impact Aid) (in addition to any other specific implementing regulations): (a) 34 CFR part 80 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments) applies to State, local, and Indian tribal governments under direct grant programs (as defined in 34 CFR 75.1(b)), and programs under title XI of ESEA. (b) 34 CFR part 80 also applies to State, local, and Indian tribal governments under all other programs under the ESEA and to programs under title III of the Goals 2000: Educate America Act (title III of Goals 2000), unless a State formally adopts its own written fiscal and administrative requirements for expending and accounting for all funds received by State educational agencies (SEAs) and local educational agencies (LEAs) under the ESEA and title III of Goals 2000. If a State adopts its own alternative requirements, the requirements must be available for inspection upon the request of the Secretary or the Secretary's representatives and must— (1) Be sufficiently specific to ensure that funds received under ESEA and title III of Goals 2000 are used in compliance with all applicable statutory and regulatory provisions; (2) Ensure that funds received for programs under ESEA and title III of Goals 2000 are spent only for reasonable and necessary costs of operating those programs; and (3) Ensure that funds received under ESEA and title III of Goals 2000 are not used for general expenses required to carry out other responsibilities of State or local governments. Note: 34 CFR 222.13 indicates which EDGAR provisions apply to title VIII programs (Impact Aid). Note: To meet the first of the three standards, alternative State provisions must, among other things, ensure that costs are allocable to a particular cost objective. (Authority: 20 U.S.C. 1221e–3(a)(1)) For any ESEA discretionary grant program, the Secretary may establish a priority, as authorized by 34 CFR 75.105(b), for projects that will— (a) Use a significant portion of the program funds to address substantial problems in an Empowerment Zone, including a Supplemental Empowerment Zone, or an Enterprise Community designated by the United States Department of Housing and Urban Development or the United States Department of Agriculture; and (b) Contribute to systemic educational reform in such an Empowerment Zone, including a Supplemental Empowerment Zone, or such an Enterprise Community, and are made an integral part of the Zone or Community's comprehensive community revitalization strategies. (Authority: 20 U.S.C. 2831(a)) An SEA may adopt and use its own reasonable standards in determining whether— (a) The majority of its resources for administrative purposes comes from non-Federal sources to permit the consolidation of State administrative funds in accordance with section 14201 of the Act; and (b) To approve an LEA's consolidation of its administrative funds in accordance with section 14203 of the Act. (Authority: 20 U.S.C. 8821 and 8823) (a) General. An LEA receiving funds under an applicable program listed in paragraph (b) of this section may receive its full allocation of funds only if the SEA finds that either the combined fiscal effort per student or the aggregate expenditures of State and local funds with respect to the provision of free public education in the LEA for the preceding fiscal year was not less than 90 percent of the combined fiscal effort per student or the aggregate expenditures for the second preceding fiscal year. (b) Applicable programs. This subpart is applicable to the following programs: (1) Part A of title I (Improving Basic Programs Operated by Local Educational Agencies). (2) Title II (Eisenhower Professional Development Program) (other than section 2103 and part C of this title). (3) Subpart 2 of part A of title III (State and Local Programs for School Technology Resources). (4) Part A of title IV (Safe and Drug-Free Schools and Communities) (other than section 4114). (c) Meaning of “preceding fiscal year”. For purposes of determining if the requirement of paragraph (a) of this section is met, the “preceding fiscal year” means the Federal fiscal year, or the 12-month fiscal period most commonly used in a State for official reporting purposes, prior to the beginning of the Federal fiscal year in which funds are available for obligation by the Department. Example: For fiscal year 1995 funds that are first made available on July 1, 1995, if a State is using the Federal fiscal year, the “preceding fiscal year” is Federal fiscal year 1994 (which began on October 1, 1993 and ended September 30, 1994) and the “second preceding fiscal year” is Federal fiscal year 1993 (which began on October 1, 1992). If a State is using a fiscal year that begins on July 1, 1995, the “preceding fiscal year” is the 12-month period ending on June 30, 1994, and the “second preceding fiscal year” is the period ending on June 30, 1993. (d) Expenditures. (1) In determining an LEA's compliance with paragraph (a) of this section, the SEA shall consider only the LEA's expenditures from State and local funds for free public education. These include expenditures for administration, instruction, attendance and health services, pupil transportation services, operation and maintenance of plant, fixed charges, and net expenditures to cover deficits for food services and student body activities. (2) The SEA may not consider the following expenditures in determining an LEA's compliance with the requirements in paragraph (a) of this section: (i) Any expenditures for community services, capital outlay, debt service or supplemental expenses made as a result of a Presidentially declared disaster. (ii) Any expenditures made from funds provided by the Federal Government. (Authority: 20 U.S.C. 8891) (a) General. An agency or consortium of agencies receiving funds under an applicable program listed in paragraph (b) of this section, after timely and meaningful consultation with appropriate private school officials (in accordance with the statute), shall provide special educational services or other benefits under this subpart on an equitable basis to eligible children who are enrolled in private elementary and secondary schools, and to their teachers and other educational personnel. (b) Applicable programs. This subpart is applicable to the following programs: (1) Part C of title I (Migrant Education). (2) Title II (Professional Development) (other than section 2103 and part C of this title). (3) Title III (Technology for Education) (other than part B of this title) (Star Schools). (4) Part A of title IV (Safe and Drug-Free Schools and Communities) (other than section 4114). (5) Title VI (Innovative Education Program Strategies). (6) Title VII (Bilingual Education). (c) Provisions not applicable. Sections 75.650 and 76.650 through 76.662 of title 34 of the Code of Federal Regulations (participation of students enrolled in private schools) do not apply to programs listed in paragraph (b) of this section. (Authority: 20 U.S.C. 8893) (a) Equal expenditures. (1) Expenditures of funds made by an agency or consortium of agencies under a program listed in §299.6 (b) for services for eligible private school children and their teachers and other educational personnel must be equal on a per-pupil basis to the amount of funds expended for participating public school children and their teachers and other educational personnel, taking into account the number and educational needs of those children and their teachers and other educational personnel. (2) Before determining equal expenditures under paragraph (a)(1) of this section, an agency or consortium of agencies shall pay for the reasonable and necessary administrative costs of providing services to public and private school children and their teachers and other educational personnel from the agency's or consortium of agencies' total allocation of funds under the applicable ESEA program. (b) Services on an equitable basis. (1) The services that an agency or consortium of agencies provides to eligible private school children and their teachers and other educational personnel must also be equitable in comparison to the services and other benefits provided to public school children and their teachers or other educational personnel participating in a program under this subpart. (2) Services are equitable if the agency or consortium of agencies— (i) Addresses and assesses the specific needs and educational progress of eligible private school children and their teachers and other educational personnel on a comparable basis to public school children and their teachers and other educational personnel; (ii) Determines the number of students and their teachers and other educational personnel to be served on an equitable basis; (iii) Meets the equal expenditure requirements under paragraph (a) of this section; and (iv) Provides private school children and their teachers and other educational personnel with an opportunity to participate that— (A) Is equitable to the opportunity and benefits provided to public school children and their teachers and other educational personnel; and (B) Provides reasonable promise of participating private school children meeting challenging academic standards called for by the State's student performance standards and of private school teachers and other educational personnel assisting their students in meeting high standards. (3) The agency or consortium of agencies shall make the final decisions with respect to the services to be provided to eligible private school children and their teachers and the other educational personnel. (c) If the needs of private school children, their teachers and other educational personnel are different from the needs of children, teachers and other educational personnel in the public schools, the agency or consortium of agencies shall provide program benefits for the private school children, teachers, and other educational personnel that are different from the benefits it provides for the public school children and their teachers and other educational personnel. (Authority: 20 U.S.C. 8893) (a) An agency or consortium of agencies shall use funds under a program listed in §299.6(b) to provide services that supplement, and in no case supplant, the level of services that would, in the absence of services provided under that program, be available to participating children and their teachers and other educational personnel in private schools. (b) An agency or consortium of agencies shall use funds under a program listed in §299.6(b) to meet the special educational needs of participating children who attend a private school and their teachers and other educational personnel, but may not use those funds for— (1) The needs of the private school; or (2) The general needs of children and their teachers and other educational personnel in the private school. (Authority: 20 U.S.C. 8893) (a) A public agency must keep title to, and exercise continuing administrative control of, all property, equipment, and supplies that the public agency acquires with funds under a program listed in §299.6(b) for the benefit of eligible private school children and their teachers and other educational personnel. (b) The public agency may place equipment and supplies in a private school for the period of time needed for the program. (c) The public agency shall ensure that the equipment and supplies placed in a private school— (1) Are used only for proper purposes of the program; and (2) Can be removed from the private school without remodeling the private school facility. (d) The public agency must remove equipment and supplies from a private school if— (1) The equipment and supplies are no longer needed for the purposes of the program; or (2) Removal is necessary to avoid unauthorized use of the equipment or supplies for other than the purposes of the program. (e) No funds may be used for repairs, minor remodeling, or construction of private school facilities. (f) For the purpose of this section, the term public agency includes the agency or consortium of agencies. (Authority: 20 U.S.C. 8893) (a) General. An SEA shall adopt written procedures, consistent with State law, for— (1) Receiving and resolving any complaint from an organization or individual that the SEA or an agency or consortium of agencies is violating a Federal statute or regulation that applies to an applicable program listed in paragraph (b) of this section; (2) Reviewing an appeal from a decision of an agency or consortium of agencies with respect to a complaint; and (3) Conducting an independent on-site investigation of a complaint if the SEA determines that an on-site investigation is necessary. (b) Applicable programs. This subpart is applicable to the following programs: (1) Part A of title I (Improving Basic Programs Operated by Local Educational Agencies). (2) Part B of title I (Even Start Family Literacy Programs) (other than the federally administered direct grants for Indian tribes and tribal organizations, children of migratory workers, Statewide family literacy initiatives, and a prison that house women and children). (3) Part C of title I (Migrant Education). (4) Part D of title I (Children and Youth Who Are Neglected, Delinquent, or At Risk of Dropping Out). (5) Title II (Eisenhower Professional Development Program) (other than section 2103 and part C of this title). (6) Subpart 2 of part A of title III (State and Local Programs for School Technology Resources). (7) Part A of title IV (Safe and Drug-Free Schools and Communities) (other than section 4114). (8) Title VI (Innovative Education Program Strategies). (9) Part C of title VII (Emergency Immigrant Education) (Authority: 20 U.S.C. 1221e–3(a)(1), 8895) An SEA shall include the following in its complaint procedures: (a) A reasonable time limit after the SEA receives a complaint for resolving the complaint in writing, including a provision for carrying out an independent on-site investigation, if necessary. (b) An extension of the time limit under paragraph (a) of this section only if exceptional circumstances exist with respect to a particular complaint. (c) The right for the complainant to request the Secretary to review the final decision of the SEA, at the Secretary's discretion. In matters involving violations of section 14503 (participation of private school children), the Secretary will follow the procedures in section 14505(b). (d) A requirement for LEAs to disseminate, free of charge, adequate information about the complaint procedures to parents of students, and appropriate private school officials or representatives. (Authority: 20 U.S.C. 1221e–3(a)(1), 8895) An organization or individual may file a written signed complaint with an SEA. The complaint must be in writing and signed by the complainant, and include— (a) A statement that the SEA or an agency or consortium of agencies has violated a requirement of a Federal statute or regulation that applies to an applicable program; and (b) The facts on which the statement is based and the specific requirement allegedly violated. (Authority: 20 U.S.C. 1221e–3(a)(1), 8895)
Title 34: Education
PART 299—GENERAL PROVISIONS
Section Contents
§ 299.1 What are the purpose and scope of these regulations?
§ 299.2 What general administrative regulations apply to ESEA programs?
§ 299.3 What priority may the Secretary establish for activities in an Empowerment Zone or Enterprise Community?
§ 299.4 What requirements apply to the consolidation of State and local administrative funds?
§ 299.5 What maintenance of effort requirements apply to ESEA programs?
§ 299.6 What are the responsibilities of a recipient of funds for providing services to children and teachers in private schools?
§ 299.7 What are the factors for determining equitable participation of children and teachers in private schools?
§ 299.8 What are the requirements to ensure that funds do not benefit a private school?
§ 299.9 What are the requirements concerning property, equipment, and supplies for the benefit of private school children and teachers?
§ 299.10 What complaint procedures shall an SEA adopt?
§ 299.11 What items are included in the complaint procedures?
§ 299.12 How does an organization or individual file a complaint?
Subpart A—Purpose and Applicability
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§ 299.1 What are the purpose and scope of these regulations?
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§ 299.2 What general administrative regulations apply to ESEA programs?
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Subpart B—Selection Criteria
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§ 299.3 What priority may the Secretary establish for activities in an Empowerment Zone or Enterprise Community?
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Subpart C—Consolidation of State and Local Administrative Funds
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§ 299.4 What requirements apply to the consolidation of State and local administrative funds?
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Subpart D—Fiscal Requirements
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§ 299.5 What maintenance of effort requirements apply to ESEA programs?
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Subpart E—Services to Private School Students and Teachers
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§ 299.6 What are the responsibilities of a recipient of funds for providing services to children and teachers in private schools?
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§ 299.7 What are the factors for determining equitable participation of children and teachers in private schools?
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§ 299.8 What are the requirements to ensure that funds do not benefit a private school?
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§ 299.9 What are the requirements concerning property, equipment, and supplies for the benefit of private school children and teachers?
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Subpart F—Complaint Procedures
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§ 299.10 What complaint procedures shall an SEA adopt?
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§ 299.11 What items are included in the complaint procedures?
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§ 299.12 How does an organization or individual file a complaint?
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