A r c h i v e d  I n f o r m a t i o n

Other Applicable Statutes And Regulations

General Education Provisions Act

The General Education Provisions Act (GEPA) is the law that contains general requirements applicable to most programs administered by the Department. GEPA was amended by Title II of the Improving America's Schools Act. The amendments to GEPA include changes to existing provisions, repeal of some provisions, and the addition of new provisions. Below are the GEPA provisions that apply to Title VI. (Note: Some of the GEPA section numbers have changed because of the amendments.)

Section 400 (20 U.S.C. 1221) - Applicability; Definitions

Section 420 (20 U.S.C. 1223) - Forward Funding

Section 421 (20 U.S.C. 1225) - Availability of Appropriations on Academic or School-Year Basis; Additional Period for Obligation of Funds

Section 422 (20 U.S.C. 1226a) - Contingent Extension of Programs

Section 423 (20 U.S.C. 1226a-1) - Payments

Section 424 (20 U.S.C. 1226b) - Responsibility of States to Furnish Information

Section 425 (20 U.S.C. 1226c) - Biennial Evaluation Report

Section 426 (20 U.S.C. 1228) - Prohibition Against Use of Appropriated Funds for Busing

Section 427 (20 U.S.C. 1228a) - Equity for Students, Teachers, and Other Program Beneficiaries

Section 430 (20 U.S.C. 1231) - Joint Funding of Programs

Section 431 (20 U.S.C. 1231a) - Collection and Dissemination of Information

Section 432 (20 U.S.C. 1231b-2) - Review of Applications

Section 433 (20 U.S.C. 1231c) - Technical Assistance

Section 435 (20 U.S.C. 1231e) - Use of Funds Withheld

Section 438 (20 U.S.C. 1232a) - Prohibition Against Federal Control of Education

Section 439 (20 U.S.C. 1232b) - Labor Standards

Section 440 (20 U.S.C. 1232c) - State Agency Monitoring and Enforcement

Section 443 (20 U.S.C. 1232f) - Records

Section 444 (20 U.S.C. 1232g) - Protection of the Rights and Privacy of Parents and Students

Section 445 (20 U.S.C. 1232h) - Protection of Pupil Rights

Section 446 (20 U.S.C. 1232i) - Limitation on Withholding of Federal Funds

Section 451 (20 U.S.C. 1234) - Office of Administrative Law Judges

Section 452 (20 U.S.C. 1234a) - Recovery of Funds

Section 453 (20 U.S.C. 1234b) - Measure of Recovery

Section 454 (20 U.S.C. 1234c) - Remedies for Existing Violations

Section 455 (20 U.S.C. 1234d) - Withholding

Section 456 (20 U.S.C. 1234e) - Cease and Desist Orders

Section 457 (20 U.S.C. 1234f) - Compliance Agreements

Section 458 (20 U.S.C. 1234g) - Judicial Review

Section 459 (20 U.S.C. 1234h) - Use of Recovered Funds

Section 460 (20 U.S.C. 1234i) - Definitions

Education Department General Administrative Regulations (EDGAR)

There are no program-specific regulations for the Title VI program. The following parts of the Education Department General Administrative Regulations (EDGAR) apply to Title VI: 34 C.F.R. Parts 76, 77, 80, 81, 82, and 85. However, Part 80 does not apply if a State formally adopts its own written fiscal and administrative requirements for expending and accounting for Title VI funds received by SEAs and LEAs. The requirements adopted by the State must be available for Federal inspection and must ensure that Title VI funds are used in compliance with applicable statutory and regulatory provisions, are used only for reasonable and necessary costs of operating Title VI programs, and are not used for general expenses to carry out other State or local responsibilities.

SEAs and LEAs are particularly encouraged to review Parts 76 and 80 (under the predecessor Chapter 2 program, only certain provisions of Part 76 applied and Part 80 did not apply at all). Below is additional information about some of the provisions of Parts 76 and 80 to assist SEAs and LEAs in understanding these regulatory provisions.

EDGAR Part 76

The following two provisions in Part 76 of EDGAR do not apply to Title VI because they are inconsistent with its provisions:

  • Section 76.103 of EDGAR, which provides that State plans shall be effective for three years, does not apply to Title VI. It is inconsistent with section 6202(b) of Title VI, which provides that State applications shall be effective for a period not to exceed three years.

  • Section 76.301 of EDGAR does not apply to Title VI. It provides that an LEA shall file with the SEA an application that meets the requirements of section 436 (now section 442) of the General Education Provisions Act (GEPA). However, section 14306(b) of the ESEA states that section 442 of GEPA does not apply to ESEA programs.

    The following provisions in Part 76 of EDGAR are specifically brought to the attention of SEAs and LEAs because they expand upon the statutory requirements in Title VI:

  • Sections 76.650-76.662 of EDGAR contain provisions regarding participation of private school children. SEAs and LEAs must follow these provisions in implementing section 6402 of Title VI (equitable participation of children enrolled in private schools). In particular, SEAs and LEAs should note that section 76.656 requires an LEA to include certain information regarding participation of private school children in its application for funds. This information is in addition to that required in section 6303 of Title VI (local applications).

    EDGAR Part 80

    For SEAs that decide to administer the Title VI program in accordance with Part 80 of EDGAR, instead of adopting their own written fiscal and administrative requirements, the following two provisions in Part 80 might be of particular interest:

  • SEAs and LEAs should refer to section 80.22 of EDGAR, along with OMB Circular A-87, for applicable cost principles.

  • The record retention requirements in section 80.42(b) of EDGAR and section 434(a) (formerly section 437(a)) of GEPA are now the same. As a result, SEAs and LEAs are now required to retain records for three years after completion of the activity for which they used grant funds. (Note: Section 76.734 of EDGAR contains a five-year record retention requirement, which is based upon the requirement that was formerly in section 437 of GEPA. However, the new three-year requirement in section 443 of GEPA controls, and section 76.734 of EDGAR is not applicable.)

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