34 C.F.R. § 76.703
(a)
(1)
The Secretary may establish, for a program subject to this part, a date by which a State must submit for review by the Department a State plan and any other documents required to be submitted under guidance provided by the Department under
paragraph (b)(3) of this section.
(2)
If the Secretary does not establish a date for the submission of State plans and any other documents required under guidance provided by the Department, the date for submission is three months before the date the Secretary may begin to obligate funds under the program.
(b)
(1)
This
paragraph (b) describes the circumstances under which the submission date for a State plan may be deferred.
(2)
If a State asks the Secretary in writing to defer the submission date for a State plan because of a Presidentially declared disaster that has occurred in that State, the Secretary may defer the submission date for the State plan and any other document required under guidance provided by the Department if the Secretary determines that the disaster significantly impairs the ability of the State to submit a timely State plan or other document required under guidance provided by the Department.
(3)
(i)
The Secretary establishes, for a program subject to this part, a date by which the program office must deliver guidance to the States regarding the contents of the State plan under that program.
(ii)
The Secretary may only establish a date for the delivery of guidance to the States so that there are at least as many days between that date and the date that State plans must be submitted to the Department as there are days between the date that State plans must be submitted to the Department and the date that funds are available for obligation by the Secretary on July 1, or October 1, as appropriate.
(iii)
If a State does not receive the guidance by the date established under
paragraph (b)(3)(i) of this section, the submission date for the State plan under the program is deferred one day for each day that the guidance is late in being received by the State.
(c)
(1)
For the purposes of this section, the submission date of a State plan or other document is the date that the Secretary receives the plan or document.
(2)
The Secretary does not determine whether a State plan is substantially approvable until the plan and any documents required under guidance provided by the Department have been submitted.
(3)
The Secretary notifies a State when the Department has received the State plan and all documents required under guidance provided by the Department.
(d)
If a State submits a State plan in substantially approvable form (or an amendment to the State plan that makes it substantially approvable), and submits any other document required under guidance provided by the Department, on or before the date the State plan must be submitted to the Department, the State may begin to obligate funds on the date that the funds are first available for obligation by the Secretary.
(e)
If a State submits a State plan in substantially approvable form (or an amendment to the State plan that makes it substantially approvable) or any other documents required under guidance provided by the Department after the date the State plan must be submitted to the Department, and—
(1)
The Department determines that the State plan is substantially approvable on or before the date that the funds are first available for obligation by the Secretary, the State may begin to obligate funds on the date that the funds are first available for obligation by the Secretary; or
(2)
The Department determines that the State plan is substantially approvable after the date that the funds are first available for obligation by the Secretary, the State may begin to obligate funds on the earlier of the two following dates:
(i)
The date that the Secretary determines that the State plan is substantially approvable.
(ii)
The date that is determined by adding to the date that funds are first available for obligation by the Secretary—
(A)
The number of days after the date the State plan must be submitted to the Department that the State plan or other document required under guidance provided by the Department is submitted; and
(B)
If applicable, the number of days after the State receives notice that the State plan is not substantially approvable that the State submits additional information that makes the plan substantially approvable.
(f)
Additional information submitted under
paragraph (e)(2)(ii)(B) of this section must be signed by the person who submitted the original State plan (or an authorized delegate of that officer).
(g)
(1)
If the Department does not complete its review of a State plan during the period established for that review, the Secretary will grant pre-award costs for the period after funds become available for obligation by the Secretary and before the State plan is found substantially approvable.
(2)
The period established for the Department's review of a plan does not include any day after the State has received notice that its plan is not substantially approvable.
(h)
After determining that a State plan is in substantially approvable form, the Secretary informs the State of the date on which it could begin to obligate funds. Reimbursement for those obligations is subject to final approval of the State plan.
Notes, amendments, and revision history
Amendments
[45 FR 22517, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 60 FR 41294, Aug. 11, 1995; 61 FR 14484, Apr. 2, 1996]
Authority
Authority: 20 U.S.C. 1221e-3 and 3474, unless otherwise noted. Section 76.101 also issued under 20 U.S.C. 1221e-3, 3474, and 7844(b). Section 76.127 also issued under 48 U.S.C. 1469a. Section 76.128 also issued under 48 U.S.C. 1469a. Section 76.129 also issued under 48 U.S.C. 1469a. Section 76.130 also issued under 48 U.S.C. 1469a. Section 76.131 also issued under 48 U.S.C. 1469a. Section 76.132 also issued under 48 U.S.C. 1469a. Section 76.134 also issued under 48 U.S.C. 1469a. Section 76.136 also issued under 48 U.S.C. 1469a. Section 76.140 also issued under 20 U.S.C. 1221e-3, 1231g(a), and 3474. Section 76.301 also issued under 20 U.S.C. 1221e-3, 3474, and 7846(b). Section 76.401 also issued under 20 U.S.C. 1221e-3, 1231b-2, and 3474. Section 76.709 also issued under 20 U.S.C. 1221e-3, 1225(b), and 3474. Section 76.710 also issued under 20 U.S.C. 1221e-3, 1225(b), and 3474. Section 76.720 also issued under 20 U.S.C. 1221e-3, 1231a, and 3474. Section 76.740 also issued under 20 U.S.C. 1221e-3, 1232g, 1232h, and 3474. Section 76.783 also issued under 20 U.S.C. 1231b-2. Section 76.785 also issued under 20 U.S.C. 7221e. Section 76.786 also issued under 20 U.S.C. 7221e Section 76.787 also issued under 20 U.S.C. 7221e. Section 76.788 also issued under 20 U.S.C. 7221e. Section 76.901 also issued under 20 U.S.C. 1234.
Source
Source: 45 FR 22517, Apr. 3, 1980, unless otherwise noted. Redesignated at 45 FR 77368, Nov. 21, 1980.
Amendments
[45 FR 22517, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 60 FR 41294, Aug. 11, 1995; 61 FR 14484, Apr. 2, 1996]