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Timeliness, Indirect Costs and Other Requirements Under Part 75Leigh Manasevit, Esq.
Brustein & Manasevit, PLLC
Spring Forum 2015
An Introduction to Part 75 (The Poor Cousin of Part 76)
Most Large Federal Education Programs State Administered Formula Grants
ESEA IDEA Perkins
Part 75 does not applyBrustein & Manasevit, PLLC
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Part 75 applies to direct grant programs All programs where there is no
formula for allocating funds among eligible states Examples:
Race to the Top Investing In Innovation GEAR UP (Title IV of the Higher
Education Act)
But direct grant programs can have formulas
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Process
Ed Secretary publishes application notices (Federal Register) How to Apply Funds Available Program Info Priorities Deadlines Application Contents Performance Measurements Project Period
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How Grants Are Made Direct Grants
Discretionary Formula (Not among states)
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How Grants Are Made
Discretionary Selection criteria Competitive
Formula Not Competitive
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How Awards Are Made
ED Secretary – Cost analysis of project
Determines Amount Special Conditions (If any) Can be up to 60 months
12 month budget periods
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Grantees Must:
Comply with non discrimination regulations (Civil Rights)(75.500)
Special Rules on Full time director (75.511) Consultants (75.515)
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Conflict of Interest Rules
Allowable Costs (75.530) Cross reference to UGG
(Part 200) Same rules as state
administered grants
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Indirect Cost (75.561)
Where ED cognizant– ED approves if not LEA (generally 1 year)
For LEAs SEA has ED approved plan
LEA’s – Maybe longer than 1 year
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Indirect Costs – Educational Training Projects (75.562)
Training or other Educational Projects Summer Institutes New /Expanded Courses Not R+D
Limited to actual Indirect or 8% MTDC (whichever is less)
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MTDC Base Subaward over 25K Stipends Tuition related Equipment (must use
grantee threshold)
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8% does not apply to Indian Tribal, States, or Local Governments
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Costs above 8% Cannot be:
Charged directly Used to satisfy match / cost
share Charged to another award
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Restricted Rate Rules Apply
Non Supplant
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Evaluation (75.590)
If Required in the application Must Follow
Otherwise –
Information Demonstrating: Progress Effectiveness Effect on Participants
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General Administrative Requirements (75.700-75.702) Compliance with
Statute Regulations Approved Application
Directly supervise projects Fiscal control and accounting
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Obligations (75.703, 75.707)
Same rules apply but note: No Tydings Carryover
Obligations only during grant period
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Subgrants (75.708)
ONLY if Authorized by Law or ED Secretary
announcement (Federal Register)
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Compliance (75.901)
ED Secretary may use OALJ where not subject to other procedures
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~ Legal Disclaimer ~21
This presentation is intended solely to provide general information and does not constitute legal advice or a legal service. This presentation does not create a client-lawyer relationship with Brustein & Manasevit, PLLC and, therefore, carries none of the protections under the D.C. Rules of Professional Conduct. Attendance at this presentation, a later review of any printed or electronic materials, or any follow-up questions or communications arising out of this presentation with any attorney at Brustein & Manasevit, PLLC does not create an attorney-client relationship with Brustein & Manasevit, PLLC. You should not take any action based upon any information in this presentation without first consulting legal counsel familiar with your particular circumstances.
Brustein & Manasevit, PLLC