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
- Under 2 CFR §3474.10,
USDE has retained its authority for it or the state to identify “high-risk
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
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
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.
Cory Green, Chief Grants Administrator
Division of Grants Administration