timeliness, indirect costs and other requirements under part 75 leigh manasevit, esq....

Timeliness, Indirect Costs and Other Requirements Under Part 75Leigh Manasevit, Esq.

[email protected]

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

2

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.


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