34 C.F.R. Subpart C—How Does the Secretary Make a Grant to a State?
Title 34 - Education
The Secretary determines the amount of each State's grant according to the formula in section 313(b) of the Act. (Authority: 20 U.S.C. 1201b(b)) (a) Any amount of any State's allotment under section 313(b) of the Act that the Secretary determines is not required, for the period the allotment is available, for carrying out that State's plan, is reallotted to other States on dates that the Secretary may fix. (b) The Secretary determines any amounts to be reallotted on the basis of— (1) Reports, filed by the States, of the amounts required to carry out their State plans; and (2) Other information available to the Secretary. (c) Reallotments are made to other States in proportion to those State's original allotments for the fiscal year in which allotments originally were made, unless the Secretary reduces a State's proportionate share by the amount the Secretary estimates will exceed the sum the State needs and will be able to use under its plan. (d) The total of any reductions made under paragraph (c) of this section is reallotted among those States whose proportionate shares were not reduced. (e)(1) Any amount reallotted to a State during a fiscal year is deemed part of the State's allotment for that fiscal year. (2) A reallotment of funds from one State to another State does not extend the period of time in which the funds must be obligated. (Authority: 20 U.S.C. 1201b(c)) The Secretary considers the following criteria in approving a State's description of efforts relating to program reviews and evaluations under section 342(c)(13) of the Act and §461.12(a)(15): (a) The extent to which the State will have effective procedures for using the findings of program reviews and evaluations to identify, on a timely basis, those programs, services, and activities under the Act that are not meeting the educational goals set forth in the State plan and approved applications of eligible recipients. (b) The adequacy of the State's procedures for effecting timely changes that will enable programs, services, and activities identified under paragraph (a) of this section to meet the educational goals in the State plan and approved applications of eligible recipients. (c) The extent to which the State will continue to review those programs, activities, and services, and affect further changes as necessary to meet those educational goals. (Authority: 20 U.S.C. 1206a(c)(13) and 1207a) (a) The Secretary approves, within 60 days of receipt, a State plan or amendment that the Secretary determines complies with the applicable provisions of the Act and the regulations in this part. (b) In approving a State plan or amendment, the Secretary considers any information submitted in accordance with §461.13 (b) and (c). (c) The Secretary notifies the SEA, in writing, of the granting or withholding of approval. (d) The Secretary does not finally disapprove a State plan or amendment without first affording the State reasonable notice and opportunity for a hearing. (Authority: 20 U.S.C. 1206(b), 1206a(a)(3), and 1207(b))
Title 34: Education
PART 461—ADULT EDUCATION STATE-ADMINISTERED BASIC GRANT PROGRAM
Subpart C—How Does the Secretary Make a Grant to a State?
§ 461.20 How does the Secretary make allotments?
§ 461.21 How does the Secretary make reallotments?
§ 461.22 What criteria does the Secretary use in approving a State's description of efforts relating to program reviews and evaluations?
§ 461.23 How does the Secretary approve State plans and amendments?
