34 CFR Subtitle A (7-1-25 Edition) — Part 79 — Intergovernmental Review of Department of Education Programs and Activities
Summary
This page of 34 CFR Subtitle A (7-1-25 Edition) holds Part 79, Intergovernmental Review of Department of Education Programs and Activities, between the end of Part 77 and the contents of Part 81. Part 79 implements Executive Order 12372, Intergovernmental Review of Federal Programs, issued July 14, 1982 and amended April 8, 1983; its source is 48 FR 29166, June 24, 1983, as amended at 89 FR 70343, Aug. 29, 2024. Proposed legislation, regulation and budget formulation, national security matters, procurement and direct payments to individuals are among the activities excluded from coverage. Under the Order the Secretary uses the State process to determine official views of State and local officials and provides notice of proposed federal financial assistance to directly affected entities. The Part 77 text lists the What Works Clearinghouse handbooks incorporated by reference.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
§ 77.2 34 CFR Subtitle A (7–1–25 Edition)
(C) of this definition may together sat- Register under 5 U.S.C. 552(a) and 1
isfy the requirement in this paragraph CFR part 51. All approved incorpora-
(iii)(D). tion by reference (IBR) material is
Subgrant means an award of financial available for inspection at the Depart-
assistance in the form of money, or ment of Education (the Department)
property in lieu of money, made under and the National Archives and Records
a grant by a grantee to an eligible sub- Administration (NARA). Contact the
grantee. The term includes financial Department at: Institute of Education
assistance when provided by contrac- Sciences, National Center for Edu-
tual or any other form of legal agree- cation Evaluation and Regional Assist-
ment, but does not include procure- ance, 550 12th Street SW, PCP–4158,
ment purchases, nor does it include Washington, DC, 20202–5900; phone: (202)
any form of assistance that is excluded 245–6940; email: Contact.WWC@ed.gov.
from the definitions of ‘‘Grant or For information on the availability of
Award’’ in this part (See 2 CFR 200.92, this material at NARA, visit
‘‘Subaward’’). www.archives.gov/federal-register/cfr/ibr-
Subgrantee means the government or locations or email
other legal entity to which a subgrant fr.inspection@nara.gov. The following
is awarded and that is accountable to material may be obtained from Insti-
the grantee for the use of the funds tute of Education Sciences, 550 12th
provided. Street SW, Washington, DC, 20202;
What Works Clearinghouse (WWC) phone: (202) 245–6940; website: http://
Handbooks (WWC Handbooks) means the ies.ed.gov/ncee/wwc/Handbooks.
standards and procedures set forth in (a) What Works Clearinghouse Proce-
the WWC Procedures and Standards dures and Standards Handbook, WWC
Handbook, Version 5.0, or in the WWC 2022008REV, Version 5.0, August 2022;
Standards Handbook, Version 4.0 or 4.1, Revised December 2022; IBR approved
or in the WWC Procedures Handbook, for § 77.1.
Version 4.0 or 4.1, the WWC Procedures (b) What Works Clearinghouse Stand-
and Standards Handbook, Version 3.0 ards Handbook, Version 4.1, January
or Version 2.1 (all incorporated by ref- 2020, IBR approved for § 77.1.
erence; see § 77.2). Study findings eligi- (c) What Works Clearinghouse Proce-
ble for review under WWC standards dures Handbook, Version 4.1, January
can meet WWC standards without res- 2020, IBR approved for § 77.1.
ervations, meet WWC standards with (d) What Works Clearinghouse Stand-
reservations, or not meet WWC stand- ards Handbook, Version 4.0, October
ards. WWC practice guides and inter- 2017, IBR approved for § 77.1.
vention reports include findings from
(e) What Works Clearinghouse Proce-
systematic reviews of evidence as de-
dures Handbook, Version 4.0, October
scribed in the WWC Handbooks docu-
2017, IBR approved for § 77.1.
mentation.
(f) What Works Clearinghouse Proce-
Work of art means an item that is in-
dures and Standards Handbook,
corporated into a facility primarily be-
Version 3.0, March 2014, IBR approved
cause of its aesthetic value.
for § 77.1.
[45 FR 22529, Apr. 3, 1980, as amended at 45 (g) What Works Clearinghouse Proce-
FR 37442, June 3, 1980. Redesignated at 45 FR dures and Standards Handbook,
77368, Nov. 21, 1980, as amended at 45 FR Version 2.1, September 2011, IBR ap-
86298, Dec. 30, 1980; 54 FR 21776, May 19, 1989;
proved for § 77.1.
57 FR 30342, July 8, 1992; 59 FR 34739, July 6,
1994; 64 FR 50392, Sept. 16, 1999; 77 FR 18679, [89 FR 70343, Aug. 29, 2024]
Mar. 28, 2012; 78 FR 49355, Aug. 13, 2013; 79 FR
76094, Dec. 19, 2014; 80 FR 2608, Jan. 20, 2015;
82 FR 35449, July 31, 2017; 83 FR 18421, Apr. 27, PART 79—INTERGOVERNMENTAL
2018; 85 FR 62611, Oct. 5, 2020; 89 FR 70340, REVIEW OF DEPARTMENT OF
Aug. 29, 2024] EDUCATION PROGRAMS AND
§ 77.2 Incorporation by reference.
ACTIVITIES
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Certain material is incorporated by Sec.
reference into this part with the ap- 79.1 What is the purpose of these regula-
proval of the Director of the Federal tions?
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Office of the Secretary, Education § 79.3
79.2 What definitions apply to these regula- § 79.2 What definitions apply to these
tions? regulations?
79.3 What programs and activities of the
Department are subject to these regula- Order means Executive Order 12372,
tions? issued July 14, 1982, amended April 8,
79.4 What are the Secretary’s general re- 1983, and titled ‘‘Intergovernmental Re-
sponsibilities under the Order? view of Federal Programs.’’
79.5 What is the Secretary’s obligation with
respect to Federal interagency coordina-
State means any of the 50 States, the
tions? Commonwealth of Puerto Rico, the
79.6 What procedures apply to the selection District of Columbia, Guam, American
of programs and activities under these Samoa, the U.S. Virgin Islands, and the
regulations? Commonwealth of the Northern Mar-
79.7 How does the Secretary communicate iana Islands.
with State and local officials concerning
the Department’s programs and activi- [48 FR 29166, June 24, 1983, as amended at 89
ties? FR 70343, Aug. 29, 2024]
79.8 How does the Secretary provide States
an opportunity to comment on proposed § 79.3 What programs and activities of
Federal financial assistance? the Department are subject to these
79.9 How does the Secretary receive and re- regulations?
spond to comments?
79.10 How does the Secretary make efforts (a) The Secretary publishes in the
to accommodate intergovernmental con- FEDERAL REGISTER a list of the Depart-
cerns? ment’s programs and activities that
79.11 What are the Secretary’s obligations are subject to these regulations
in interstate situations? (b) If a program or activity of the De-
79.12 How may a State simplify, consoli-
partment that provides Federal finan-
date, or substitute federally required
State plans? cial assistance does not have imple-
79.13 [Reserved] menting regulations, the regulations in
this part apply to that program or ac-
AUTHORITY: 31 U.S.C. 6506; 42 U.S.C. 3334;
and E.O. 12372, unless otherwise noted.
tivity.
Section 79.2 also issued under E.O. 12372. (c) The following programs and ac-
tivities are excluded from coverage
SOURCE: 48 FR 29166, June 24, 1983, unless
otherwise noted.
under this part:
(1) Proposed legislation.
EDITORIAL NOTE: Nomenclature changes to (2) Regulation and budget formula-
part appear at 89 FR 70343, Aug. 29, 2024.
tion.
§ 79.1 What is the purpose of these reg- (3) National security matters.
ulations? (4) Procurement.
(a) The regulations in this part im- (5) Direct payments to individuals.
plement Executive Order 12372, ‘‘Inter- (6) Financial transfers for which the
governmental Review of Federal Pro- Department has no funding discretion
grams,’’ issued July 14, 1982 and amend- or direct authority to approve specific
ed on April 8, 1983. sites or projects.
(b) These regulations are intended to (7) Research and development that is
foster an intergovernmental partner- national in scope.
ship and a strengthened Federalism by (8) Assistance to federally recognized
relying on State processes and on Indian tribes.
State, areawide, regional, and local co- (d) In addition to the programs and
ordination for review of proposed fed- activities excluded in paragraph (c) of
eral financial assistance. this section, the Secretary may only
(c) These regulations are intended to exclude a Federal financial assistance
aid the internal management of the De- program or activity from coverage
partment, and are not intended to cre- under this part if the program or activ-
ate any right or benefit enforceable at ity does not directly affect State or
law by a party against the Department local governments.
or its officers.
(Authority: E.O. 12372)
skersey on DSK4WB1RN3PROD with CFR
(Authority: E.O. 12372)
[48 FR 29166, June 24, 1983, as amended at 51
[48 FR 29166, June 24, 1983, as amended at 89 FR 20824, June 9, 1986; 89 FR 70343, Aug. 29,
FR 70343, Aug. 29, 2024] 2024]
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§ 79.4 34 CFR Subtitle A (7–1–25 Edition)
§ 79.4 What are the Secretary’s general § 79.5 What is the Secretary’s obliga-
responsibilities under the Order? tion with respect to Federal inter-
agency coordination?
(a) The Secretary provides opportuni-
ties for consultation by elected offi- The Secretary, to the maximum ex-
cials of those State and local govern- tent practicable, consults with and
ments that would provide the non- seeks advice from all other substan-
tially affected federal departments and
federal funds for, or that would be di-
agencies in an effort to ensure full co-
rectly affected by, proposed federal fi-
ordination between such agencies and
nancial assistance from the Depart-
the Department regarding programs
ment. and activities covered under these reg-
(b) If a State adopts a process under ulations.
the Order to review and coordinate pro-
posed federal financial assistance, the (Authority: E.O. 12372)
Secretary, to the extent permitted by [48 FR 29166, June 24, 1983, as amended at 89
law: FR 70343, Aug. 29, 2024]
(1) Uses the State process to deter- § 79.6 What procedures apply to the se-
mine official views of State and local lection of programs and activities
elected officials; under these regulations?
(2) Communicates with State and (a) A State may select any program
local elected officials as early in a pro- or activity published in the FEDERAL
gram planning cycle as is reasonably REGISTER in accordance with § 79.3 for
feasible to explain specific plans and intergovernmental review under these
actions; regulations. Each State, before select-
(3) Makes efforts to accommodate ing programs and activities, shall con-
State and local elected officials’ con- sult with local elected officials.
cerns with proposed federal financial (b) Each State that adopts a process
assistance that are communicated shall notify the Secretary of the De-
through the State process; partment’s programs and activities se-
(4) Allows the States to simplify and lected for that process.
consolidate existing federally required (c) A State may notify the Secretary
State plan submissions; of changes in its selections at any
(5) Where State planning and budg- time. For each change, the State shall
submit to the Secretary an assurance
eting systems are sufficient and where
that the State has consulted with local
permitted by law, encourages the sub-
elected officials regarding the change.
stitution of State plans for federally
The Department may establish dead-
required State plans; lines by which States are required to
(6) Seeks the coordination of views of inform the Secretary of changes in
affected State and local elected offi- their program selections.
cials in one State with those of another (d) The Secretary uses a State’s proc-
State when proposed federal financial ess as soon as feasible, depending on in-
assistance has an impact on interstate dividual programs and activities, after
metropolitan urban centers or other the Secretary is notified of its selec-
interstate areas; and tions.
(7) Supports State and local govern- (Authority: E.O. 12372, sec. 2)
ments by discouraging the reauthoriza-
tion or creation of any planning orga- [48 FR 29166, June 24, 1983, as amended at 89
FR 70343, Aug. 29, 2024]
nization which is federally funded,
which has a limited purpose, and which § 79.7 How does the Secretary commu-
is not adequately representative of, or nicate with State and local officials
accountable to, State or local elected concerning the Department’s pro-
officials. grams and activities?
(a) [Reserved]
(Authority: E.O. 12372, Sec. 2)
(b)(1) The Secretary provides notice
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[48 FR 29166, June 24, 1983, as amended at 89 to directly affected State, areawide, re-
FR 70343, Aug. 29, 2024] gional, and local entities in a State of
proposed federal financial assistance if:
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Office of the Secretary, Education § 79.10
(i) The State has not adopted a proc- tact between a State process and all
ess under the Order; or federal agencies, and
(ii) The assistance involves a pro- (2) That office or official transmits a
gram or activity not selected for the State process recommendation, and
State process. identifies it as such, for a program se-
(2) This notice may be made by publi- lected under § 79.6.
cation in the FEDERAL REGISTER or (b)(1) The single point of contact is
other means which the Secretary de- not obligated to transmit comments
termine appropriate. from State, areawide, regional, or local
officials and entities if there is no
(Authority: E.O. 12372, Sec. 2) State process recommendation.
(2) If a State process recommenda-
§ 79.8 How does the Secretary provide
States an opportunity to comment tion is transmitted by a single point of
on proposed Federal financial as- contact, all comments from State,
sistance? areawide, regional, and local officials
and entities that differ from it must
(a) Except in unusual circumstances,
also be transmitted.
the Secretary gives State processes or
(c) If a State has not established a
directly affected State, areawide, re- process, or is unable to submit a State
gional, and local officials and enti- process recommendation, State,
ties— areawide, regional, and local officials
(1) At least 30 days to comment on and entities may submit comments to
proposed Federal financial assistance the Department.
in the form of noncompeting continu- (d) If a program or activity is not se-
ation awards; and lected for a State process, State,
(2) At least 60 days to comment on areawide, regional, and local officials
proposed Federal financial assistance and entities may submit comments to
other than noncompeting continuation the Department. In addition, if a State
awards. process recommendation for a non-
(b) The Secretary establishes a date selected program or activity is trans-
for mailing or hand-delivering com- mitted to the Department by the single
ments under paragraph (a) of this sec- point of contact, the Secretary follows
tion using one of the following two pro- the procedures of § 79.10.
cedures: (e) The Secretary considers com-
(1) If the comments relate to continu- ments which do not constitute a State
ation award applications, the Sec- process recommendation submitted
retary notifies each applicant and each under these regulations and for which
State Single Point of Contact (SPOC) the Secretary is not required to apply
of the date by which SPOC comments the procedures of § 79.10, if those com-
should be submitted. ments are provided by a single point of
(2) If the comments relate to applica- contact, or directly to the Department
tions for new grants, the Secretary es- by a commenting party.
tablishes the date in a notice published
in the FEDERAL REGISTER. (Authority: E.O. 12372, Sec. 2)
(c) This section also applies to com- [48 FR 29166, June 24, 1983, as amended at 51
ments in cases in which the review, co- FR 20825, June 9, 1986; 89 FR 70343, Aug. 29,
ordination, and communication with 2024]
the Department have been delegated.
§ 79.10 How does the Secretary make
(Authority: E.O. 12372, Sec. 2) efforts to accommodate intergov-
[48 FR 29166, June 24, 1983, as amended at 51
ernmental concerns?
FR 20825, June 9, 1986; 89 FR 70343, Aug. .29, (a) If a State process provides a State
2024] process recommendation to the Depart-
ment through its single point of con-
§ 79.9 How does the Secretary receive tact, the Secretary either:
and respond to comments? (1) Accepts the recommendation;
(a) The Secretary follows the proce- (2) Reaches an agreement with the
skersey on DSK4WB1RN3PROD with CFR
dure in § 79.10 if: State; or
(1) A State office or official is des- (3) Provides the single point of con-
ignated to act as a single point of con- tact with a written explanation of the
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§ 79.11 34 CFR Subtitle A (7–1–25 Edition)
decision in such form as the Secretary tion to the Department through a sin-
deems appropriate. The Secretary may gle point of contact.
also supplement the written expla- (Authority: E.O. 12372, Sec. 2(e))
nation by providing the explanation to
the single point of contact by tele- § 79.12 How may a State simplify, con-
phone, other telecommunication, or solidate, or substitute federally re-
other means. quired State plans?
(b) In any explanation under para- (a) As used in this section:
graph (a)(3) of this section, the Sec- (1) Simplify means that a State may
retary informs the single point of con- develop its own format, choose its own
tact that: submission date, and select the plan-
(1) The Department will not imple- ning period for a State plan.
ment its decision for at least ten days (2) Consolidate means that a State
after the single point of contact re- may meet statutory and regulatory re-
ceives the explanation; or quirements by combining two or more
(2) The Secretary has reviewed the plans into one document and that the
decision and determined that, because State can select the format, submis-
of unusual circumstances, the waiting sion date, and planning period for the
period of at least ten days is not fea- consolidated plan.
sible. (3) Substitute means that a State may
(c) For purposes of computing the use a plan or other document that it
waiting period under paragraph (b)(1) has developed for its own purposes to
of this section, a single point of con- meet Federal requirements.
tact is presumed to have received writ- (b) If not inconsistent with law, a
ten notification 5 days after the date of State may decide to try to simplify,
mailing of the notification. consolidate, or substitute federally re-
(Authority: E.O. 12372, Sec. 2) quired State plans without prior ap-
proval by the Secretary.
[48 FR 29166, June 24, 1983, as amended at 89 (c) The Secretary reviews each State
FR 70343, Aug. 29, 2024]
plan that a State has simplified, con-
§ 79.11 What are the Secretary’s obliga- solidated, or substituted and accepts
tions in interstate situations? the plan only if its contents meet fed-
eral requirements.
(a) The Secretary is responsible for:
(1) Identifying proposed federal finan- (Authority: E.O. 12372, sec. 2)
cial assistance that has an impact on
interstate areas; § 79.13 [Reserved]
(2) Notifying appropriate officials
and entities in States which have PART 80 [RESERVED]
adopted a process and which select the
Department’s program or activity. PART 81—GENERAL EDUCATION
(3) Making efforts to identify and no- PROVISIONS ACT—ENFORCEMENT
tify the affected State, areawide, re-
gional, and local officials and entities Subpart A—General Provisions
in those States that have not adopted a
process under the Order or do not se- Sec.
81.1 Purpose.
lect the Department’s program or ac-
81.2 Definitions.
tivity; 81.3 Jurisdiction of the Office of Adminis-
(4) Responding under § 79.10 if the trative Law Judges.
Secretary receives a recommendation 81.4 Membership and assignment to cases.
from a designated areawide agency 81.5 Authority and responsibility of an Ad-
transmitted by a single point of con- ministrative Law Judge.
tact, in cases in which the review, co- 81.6 Hearing on the record.
ordination, and communication with 81.7 Non-party participation.
81.8 Representation.
the Department have been delegated.
81.9 Location of proceedings.
(b) In an interstate situation subject 81.10 Ex parte communications.
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to this section, the Secretary uses the 81.11 Motions.
procedures in § 79.10 if a State process 81.12 Filing requirements.
provides a State process recommenda- 81.13 Mediation.
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