Transcript Timeliness, Indirect Costs and Other Requirements Under

Timeliness, Indirect
Costs and Other
Requirements Under
Part 75
Leigh Manasevit, Esq.
[email protected]
Brustein & Manasevit, PLLC
Spring Forum 2015
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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 apply
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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 ~
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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