As of 10.18.2023
The Education Department General Administrative Regulations (“EDGAR”) are the administrative regulations governing ED grant programs found in parts 75, 76, 81, 82, 84, 86, 97, 98, and 99 of Title 34 of the Code of Federal Regulations. Subrecipient agrees to comply with EDGAR, including but not limited to:
I. Use of Funds for Religion Prohibited
Subrecipient may not use funds provided under this Agreement to pay for religious worship, instruction, proselytization, or equipment or supplies to be used for religious worship, instruction, or proselytization.
II. Construction
In accordance with 34 C.F.R. § 76.533, subrecipient may not use funds provided under this agreement for the acquisition of real property or for construction unless specifically permitted by GBH. To the extent subrecipient receives permission to use funds provided under this Agreement for construction, subrecipient shall comply with the rules on construction applicable to applicants and grantees at 34 C.F.R. §§ 75.600 – 617.
III. Protection of Human Subjects
If subrecipient uses a human subject in a research project, subrecipient shall protect the person from physical, psychological, or social injury resulting from this Agreement and comply with the requirements set forth in 34 C.F.R. Part 97.
IV. Health or Safety Standards for Facilities
Subrecipient shall comply with any Federal health or safety requirements that apply to the facilities that subrecipient uses under this Agreement.
V. Family Educational Rights and Privacy
If subrecipient is an educational agency or institution, subrecipient shall comply with the obligations regarding privacy and access to education records as set forth in 34 C.F.R. Part 99.
VI. Drug and Alcohol Abuse Prevention
If subrecipient is an institution of higher education, subrecipient must certify that it has adopted and implemented a drug prevention program in accordance with 34 C.F.R. Part 86.
VII. Protection of Students’ Privacy in Examination, Testing or Treatment
In accordance with 34 C.F.R. § 98.4, no student shall be required to submit without prior consent to psychiatric examination, testing, or treatment, or psychological examination, testing, or treatment, in which the primary purpose is to reveal information concerning one or more of the following:
- Political affiliations;
- Mental and psychological problems potentially embarrassing to the student or his or her family;
- Sex behavior and attitudes;
- Illegal, anti-social, self-incriminating and demeaning behavior;
- Critical appraisals of other individuals with whom the student has close family relationships;
- Legally recognized privileged and analogous relationships, such as those of lawyers, physicians, and ministers; or
- Income, other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under a program.
As used in this provision, prior consent means:
- Prior consent of the student, if the student is an adult or emancipated minor; or
- Prior written consent of the parent or guardian, if the student is an unemancipated minor.
As used in this provision,
- Psychiatric or psychological examination or test means a method of obtaining information, including a group activity, that is not directly related to academic instruction and that is designed to elicit information about attitudes, habits, traits, opinions, beliefs or feelings; and
- Psychiatric or psychological treatment means an activity involving the planned, systematic use of methods or techniques that are not directly related to academic instruction and that is designed to affect behavioral, emotional, or attitudinal characteristics of an individual or group.