[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR5.85]

[Page 13-15]
 
                           TITLE 34--EDUCATION
 
PART 5--AVAILABILITY OF INFORMATION TO THE PUBLIC PURSUANT TO PUB. L. 90-23
--Table of Contents
 
                    Subpart G--Administrative Review
 
Sec. 5.85  Decisions on review.

    (a) Decisions on review shall be in writing within 20 working days 
from receipt of the request for review. Extension of the time limit may 
be granted to the extent that the maximum 10-day limit on extensions has 
not been exhausted on the initial determination.

[[Page 14]]

Such extension may only be granted for the reasons enumerated in 
Sec. 5.51(d).
    (b) The decision, which constitutes final action of the Department, 
if adverse to the requester shall be in writing, stating the reasons for 
the decision, and advising the requester of the right to judicial review 
of such decision.
    (c) Failure to comply with time limits set forth in Sec. 5.51 or in 
this paragraph constitutes an exhaustion of the requester's 
administrative remedies.

                           Appendix to Part 5

    [The following are some examples of specific records (or specific
   information relating to personnel, programs, or activities of this
 Department) listed according to whether or not they are available upon
                   request for inspection and copying]
------------------------------------------------------------------------
       Generally available                Generally not available
------------------------------------------------------------------------
                                 grants

------------------------------------------------------------------------
Funded initial grant               Research protocol, design,
 applications, subject to           processing, and other technical
 provisions of Sec.  5.71.          information to the extent
Reports of grantee.                 proprietary or of a confidential
Final report of any review or       nature submitted with initial
 evaluation of grantee              applications not yet funded, or
 performance conducted or caused    where disclosure would adversely
 to be conducted by the             affect patent or other valuable
 Department.                        rights.
                                   Confidential financial information of
                                    grantee.
                                   Site visit reports.
Applications for continuation,     Initial research or research training
 renewal, or supplemental grants,   grant application on which award is
 subject to provisions of Sec.      not made.
 5.71.
State plan material.

------------------------------------------------------------------------
                                contracts

------------------------------------------------------------------------
Name of contractor, subject        Trade secrets.
 matter, date, and amount of
 contract.
Contract performance review        Confidential pricing data contained
 report.                            in contract proposal if in the
                                    Department's judgment it is properly
                                    so designated by the offeror.
Deficiency report................  Proprietary technical data contained
                                    in a contract proposal if in the
                                    Department's judgment it is properly
                                    so designated by offeror.
Final report.....................  Confidential financial information of
                                    contractor
                                   Draft of proposed final report
                                    submitted for comment prior to
                                    acceptance.
                                   Research protocol, design,
                                    processing, and other technical
                                    information to the extent
                                    proprietary or of a confidential
                                    nature, including proprietary
                                    contents of unsolicited proposals.
                                   Proposals on which no award is made.

------------------------------------------------------------------------
                           advisory committees

------------------------------------------------------------------------
Name of committee................  Minutes or transcripts of committee
Final report.....................   meetings or portions thereof which
Minutes or transcripts of           are involved with matters exempt
 meetings open to the public and    from mandatory disclosure under
 not involved with matters exempt   Freedom of Information Act.
 from mandatory disclosure under
 Freedom of Information Act.

------------------------------------------------------------------------
                          personnel information

------------------------------------------------------------------------
Name of employee, title of         Home addresses of employees.
 position, and location of
 regular duty station.
Grade, position description, and
 salary of public employees.

------------------------------------------------------------------------
     affirmative action plan filed pursuant to executive order 11246

------------------------------------------------------------------------
Approved action plan, including
 analysis, proposed remedial or
 affirmative steps to be taken
 with goals and timetables,
 policies on recruitment, hiring,
 and promotion, and description
 of grievance procedures.

------------------------------------------------------------------------
                              miscellaneous

------------------------------------------------------------------------
                                   Names of individual beneficiaries of
                                    departmental programs or a list of
                                    the benefits they receive if release
                                    would be an unwarranted invasion of
                                    privacy.

[[Page 15]]


                                   Office for Civil Rights investigatory
                                    files in open cases.
------------------------------------------------------------------------