[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR77.1]



[Page 194-196]

 

                           TITLE 34--EDUCATION

 

PART 77_DEFINITIONS THAT APPLY TO DEPARTMENT REGULATIONS--Table of 

Contents

 

Sec.  77.1  Definitions that apply to all Department programs.











    (a) [Reserved]

    (b) Unless a statute or regulation provides otherwise, the following 

definitions in part 74 or 80 of this title apply to the regulations in 

title 34 of the Code of Federal Regulations. The section of part 74 or 

80 that contains the definition is given in parentheses.



Award (Sec.  74.2)

Contract (includes definition of ``Subcontract'') (Sec.  74.2) (Sec.  

80.3)

Equipment (Sec.  74.2) (Sec.  80.3)

Grant (Sec.  80.3)

Personal property (Sec.  74.2)

Project period (Sec.  74.2)

Real property (Sec.  74.2) (Sec.  80.3)

Recipient (Sec.  74.2)

Supplies (Sec.  74.2) (Sec.  80.3)



    (c) Unless a statute or regulation provides otherwise, the following 

definitions also apply to the regulations in this title:

    Acquisition means taking ownership of property, receiving the 

property as a gift, entering into a lease-purchase arrangement, or 

leasing the property. The term includes processing, delivery, and 

installation of property.

    Applicant means a party requesting a grant or subgrant under a 

program of the Department.

    Application means a request for a grant or subgrant under a program 

of the Department.

    Budget means that recipient's financial plan for carrying out the 

project or program.

    Budget period means an interval of time into which a project period 

is divided for budgetary purposes.

    Department means the U.S. Department of Education.

    Director of the Institute of Musuem Services means the Director of 

the Institute of Museum Services or an officer or employee of the 

Institute of Museum Services acting for the Director under a delegation 

of authority.

    Director of the National Institute of Education means the Director 

of the National Institute of Education or an officer or employee of the 

National Institute of Education acting for the Director under a 

delegation of authority.

    ED means the U.S. Department of Education.

    EDGAR means the Education Department General Administrative 

Regulations (34 CFR parts 74, 75, 76, 77, 79, 80, 81, 82, 85, 86, 97, 

98, and 99.)

    Elementary school means a day or residential school that provides 

elementary education, as determined under State law.

    Facilities means one or more structures in one or more locations.

    Fiscal year means the Federal fiscal year--a period beginning on 

October 1 and ending on the following September 30.

    GEPA means The General Education Provisions Act.

    Grant period means the period for which funds have been awarded.

    Grantee means the legal entity other than a Government subject to 34 

CFR part 80 to which a grant is awarded and which is accountable to the 

Federal Government for the use of the funds provided. The grantee is the 

entire legal entity even if only a particular component of the entity is 

designated in the award document. For example, a grant award document 

may name as the grantee one school or campus of a university. In this 

case, the granting agency usually intends, or actually intends, that the 

named component assume primary or sole responsibility for administering 

the grant-assisted project or program. Nevertheless, the naming of a 

component of a legal entity as the grantee in a grant award document 

shall not be construed as relieving the whole legal entity from 

accountability to the Federal Government for the use of the funds 

provided. (This definition is not intended to affect the eligibility 

provision of grant programs in which eligibility is limited to 

organizations which may be only components of a legal entity.) The term 

``grantee'' does not include any secondary recipients such as 

subgrantees, contractors, etc., who may receive funds from a grantee 

pursuant to a grant. The definition of ``grantee'' for State, local, and 

tribal governments is contained in 34 CFR 80.3.

    Local educational agency means:



[[Page 195]]



    (a) A public board of education or other public authority legally 

constituted within a State for either administrative control of or 

direction of, or to perform service functions for, public elementary or 

secondary schools in:

    (1) A city, county, township, school district, or other political 

subdivision of a State; or

    (2) Such combination of school districts or counties a State 

recognizes as an administrative agency for its public elementary or 

secondary schools; or

    (b) Any other public institution or agency that has administrative 

control and direction of a public elementary or secondary school.

    (c) As used in 34 CFR parts 400, 408, 525, 526 and 527 (vocational 

education programs), the term also includes any other public institution 

or agency that has administrative control and direction of a vocational 

education program.

    Minor remodeling means minor alterations in a previously completed 

building. The term also includes the extension of utility lines, such as 

water and electricity, from points beyond the confines of the space in 

which the minor remodeling is undertaken but within the confines of the 

previously completed building. The term does not include building 

construction, stuctural alterations to buildings, building maintenance, 

or repairs.

    Nonprofit, as applied to an agency, organization, or institution, 

means that it is owned and operated by one or more corporations or 

associations whose net earnings do not benefit, and cannot lawfully 

benefit, any private shareholder or entity.

    Nonpublic, as applied to an agency, organization, or institution, 

means that the agency, organization, or institution is nonprofit and is 

not under Federal or public supervision or control.

    Preschool means the educational level from a child's birth to the 

time at which the State provides elementary education.

    Private, as applied to an agency, organization, or institution, 

means that it is not under Federal or public supervision or control.

    Project means the activity described in an application.

    Public, as applied to an agency, organization, or institution, means 

that the agency, organization, or institution is under the 

administrative supervision or control of a government other than the 

Federal Government.

    Secondary school means a day or residential school that provides 

secondary education as determined under State law. In the absence of 

State law, the Secretary may determine, with respect to that State, 

whether the term includes education beyond the twelfth grade.

    Secretary means the Secretary of the Department of Education or an 

official or employee of the Department acting for the Secretary under a 

delegation of authority.

    Service function, with respect to a local educational agency:

    (a) Means an educational service that is performed by a legal 

entity--such as an intermediate agency:

    (1)(i) Whose jurisdiction does not extend to the whole State; and

    (ii) That is authorized to provide consultative, advisory, or 

educational services to public elementary or secondary schools; or

    (2) That has regulatory functions over agencies having 

administrative control or direction of public elementary or secondary 

schools.

    (b) The term does not include a service that is performed by a 

cultural or educational resource.

    State means any of the 50 States, the Commonwealth of Puerto Rico, 

the District of Columbia, Guam, American Samoa, the Virgin Islands, the 

Northern Mariana Islands, or the Trust Territory of the Pacific Islands.

    State educational agency means the State board of education or other 

agency or officer primarily responsible for the supervision of public 

elementary and secondary schools in a State. In the absence of this 

officer or agency, it is an officer or agency designated by the Governor 

or State law.



[[Page 196]]



    Work of art means an item that is incorporated into facilities 

primarily because of its aesthetic value.



(Authority: 20 U.S.C. 1221e-3(a)(1), 2831(a), 2974(b), and 3474)



[45 FR 22529, Apr. 3, 1980, as amended at 45 FR 37442, June 3, 1980. 

Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 45 FR 86298, 

Dec. 30, 1980; 54 FR 21776, May 19, 1989; 57 FR 30342, July 8, 1992; 59 

FR 34739, July 6, 1994; 64 FR 50392, Sept. 16, 1999]