Legislation, Regulations and Guidance
Legislation
Program Authority: Title IV, Part B of the ESEA, as amended by the Every Student Succeeds Act (ESSA) (20 U.S.C. 7171-7176).
The authorizing legislation can be found at https://www2.ed.gov/documents/essa-act-of-1965.pdf (see pages 233 through 244 of the legislation).
Elementary and Secondary Education Act, as amended, Title IV, Part B
Regulations
Final regulations to implement Executive branch policy that, within the framework of constitutional church-state guidelines, religiously affiliated (or “faith-based”) organizations should be able to compete on an equal footing with other organizations for funding by the U.S. Department of Education are available.
- View the full text of the Federal Register notice announcing these final regulations (June 4, 2004)
- View the full text of the regulations amended by this Federal Register notice, which apply to all entities, including faith-based organizations, that receive grants from the Department of Education in 34 C.F.R. parts 74-99
- View the final regulations compiled by the Center for Faith Based and Neighborhood Partnerships
Uniform Grant Guidance
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
The Office of Management and Budget’s (OMB) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (commonly called “Uniform Guidance”) was adopted by the Department in December 2014, 2 CFR Part 3474, and provides a government-wide framework for grants management and sets an authoritative set of rules and requirements for Federal awards that synthesizes and supersedes guidance from earlier OMB circulars. The Uniform Guidance addresses such issues as addresses time and effort certifications, indirect cost reimbursement, timely obligation of funds and carryover, financial management rules, program income, record retention, property/equipment/supplies inventory controls, procurement, monitoring, conflicts, travel policies, and allowable costs.
Education Department General Administrative Regulations
Education Department General Administrative Regulations (EDGAR)
The Education Department of General Administrative Regulations (EDGAR), 34 CFR Parts 75, 76, and 77, are the federal regulations that govern all federal grants awarded by the U.S. Department of Education. EDGAR is read in conjunction with the authorizing statutes, program-specific regulations, the Uniform Guidance, and Federal Register documents, such as Notices Inviting Applications and Notices of Final Priorities.
Non-Regulatory Guidance
- DRAFT Title VIII, Part F of the Elementary and Secondary Education Act of 1965, as Amended by the Every Student Succeeds Act: Equitable Services for Eligible Private School Children, Teachers, and Other Educational Personnel, Non-Regulatory Guidance PDF (March 30, 2022)
- This draft document is being published to invite public comment. Please submit substantive comments about the content of the draft, including feedback on any additional topics you would like to see included, to EquitableServices@ed.gov by April 29, 2022. We will consider comments in making revisions but will not provide individual responses to comments.
21st Century Community Learning Centers Non-Regulatory Guidance (February 2003) PDF (757K)
Please check periodically for updates.
Returning Federal Funds and Interest
The U.S. Department of Health and Human Services, Payment Management System – Program Support Center (PSC) has recently updated information addressing the return of Federal funds and interest earned from Federal grant drawdowns. This information has been posted on the G5 News and Events page, and supersedes applicable content in section 6.4.1, Excessive Drawdown, of the Handbook for the Discretionary Grant Process. PDF
