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Notes

§76.704. New State plan requirements that must be addressed in a State plan.

Cited by 1 provision

34 C.F.R. § 76.704

(a)
This section specifies the State plan requirements that must be addressed in a State plan if the State plan requirements established in statutes or regulations change on a date close to the date that State plans are due for submission to the Department.
(b)
(1)
A State plan must meet the following requirements:
(i)
Every State plan requirement in effect three months before the date the State plan is due to be submitted to the Department under 34 CFR 76.703; and
(ii)
Every State plan requirement included in statutes or regulations that will be effective on or before the date that funds become available for obligation by the Secretary and that have been signed into law or published in the Federal Register as final regulations three months before the date the State plan is due to be submitted to the Department under 34 CFR 76.703.
(2)
If a State plan does not have to meet a new State plan requirement under paragraph (b)(1) of this section, the Secretary takes one of the following actions:
(i)
Require the State to submit assurances and appropriate documentation to show that the new requirements are being followed under the program.
(ii)
Extend the date for submission of State plans and approve pre-award costs as necessary to hold the State harmless.
(3)
If the Secretary requires a State to submit assurances under paragraph (b)(2) of this section, the State shall incorporate changes to the State plan as soon as possible to comply with the new requirements. The State shall submit the necessary changes before the start of the next obligation period.
Notes, amendments, and revision history

Amendments

[60 FR 41296, Aug. 11, 1995]

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

[60 FR 41296, Aug. 11, 1995]