Title 2 of the Code of Federal Regulations, Part 200

Word Version 

 January 12, 2015

TO THE ADMINISTRATOR ADDRESSED:

SUBJECT:       Title 2 of the Code of Federal Regulations, Part 200, the “Uniform Grants Guidance,” now in effect

On December 19, 2014, the Federal Register published a joint interim final rule implementing Title 2 of the Code of Federal Regulations, Part 200 (2 CFR 200) for all federal agencies that award grants, including the US Department of Education (USDE). The rule went into effect on December 26, 2014.

Adoption of Education-Specific Federal Regulations

In accordance with the rule implementation, the Uniform Grants Guidance codified in 2 CFR 200 is now incorporated into general federal regulation. The following major changes have resulted to 34 CFR Parts 74–86 and 97–99, known as the Education Department General Administrative Regulations (EDGAR):

  • 34 CFR 74, which regulated grant agreements for institutions of higher education and nonprofit organizations, has been removed.
  • 34 CFR 80, which regulated grant agreements for local educational agencies (LEAs), has been removed and reserved for potential future use.
  •  Under 2 CFR §3474.10, USDE has retained its authority for it or the state to identify “high-risk grantees.”

Current USDE guidance indicates that for grants awarded by USDE to the state or to an LEA on or after December 26, 2014, regulations previously contained in 34 CFR Parts 74 and 80 are replaced by 2 CFR 200.

34 CFR Parts 74 and 80 remain effective for grants awarded before December 26, 2014.

USDE Guidance on De Minimis Indirect Cost Rate

Per current USDE guidance, LEAs are not eligible to apply for the de minimis indirect cost rate, regardless of whether they have ever received a negotiated rate. Independent school districts, open-enrollment charter schools, and education service centers must follow established procedures for submitting their indirect cost rate proposals to TEA to receive an indirect cost rate.

Uniform Grants Guidance Training

TEA has scheduled a comprehensive overview training session on the Uniform Grants Guidance for March 2–3, 2015. The training will be held in Austin, and LEAs statewide are invited to attend.

Due to space considerations, TEA may be required to limit the number of attendees per LEA to ensure all LEAs have the opportunity to attend. After February 19, 2015, TEA will email all registrants to confirm their attendance. The Uniform Grants Guidance page of the TEA website includes training details, including a registration link.

In late March and early April 2015, TEA staff will conduct additional detailed training for LEAs at selected education service center locations across the state on the impact of the Uniform Grants Guidance. More information will be forthcoming in February 2015 as locations are finalized.

TEA staff are also currently scheduled to present Uniform Grants Guidance updates and information at multiple statewide conferences and meetings. Dates and locations are listed on the Uniform Grants Guidance page as they become available. In addition, as described below, periodic email bulletins will be disseminated.

For Further Information

Refer to the Uniform Grants Guidance page of the TEA website for links to all TEA guidance related to 2 CFR 200.

TEA is periodically issuing information on the change in regulatory governance, including periodic email bulletins. Email bulletins are delivered via the GovDelivery system. Visit the TEA Updates page to sign up, and select the topic Grants Administration and Federal Program Compliance (GAFPC) in the Grants category.

Sincerely,


Cory Green, Chief Grants Administrator
Division of Grants Administration