(a) General. (1) The regulations in this part apply to each direct grant program of the Department of Education, except as specified in these regulations for direct formula grant programs, as referenced in paragraph (c)(3) of this section.
(2) The Department administers two kinds of direct grant programs. A direct grant program is either a discretionary grant program or a formula grant program other than a State-administered formula grant program covered by 34 CFR part 76.
(3) If a direct grant program does not have implementing regulations, the Secretary implements the program under the applicable statutes and regulations and, to the extent consistent with the applicable statutes and regulations, under the General Education Provisions Act and the regulations in this part. With respect to the Impact Aid Program (Title VII of the Elementary and Secondary Education Act of 1965), see 34 CFR 222.19 for the limited applicable regulations in this part.
(b) Discretionary grant programs. A discretionary grant program is one that permits the Secretary to use discretionary judgment in selecting applications for funding.
(c) Formula grant programs. (1) A formula grant program is one that entitles certain applicants to receive grants if they meet the requirements of the program. Applicants do not compete with each other for the funds, and each grant is either for a set amount or for an amount determined under a formula.
(2) The Secretary applies the applicable statutes and regulations to fund projects under a formula grant program.
(3) For specific regulations in this part that apply to the selection procedures and grant-making processes for direct formula grant programs, see §§ 75.215 and 75.230.
Note 1 to § 75.1: See 34 CFR part 76 for the general regulations that apply to programs that allocate funds by formula among eligible States.
[89 FR 70320, Aug. 29, 2024]
Notes of Decisions
United States v. Bd. of Educ. of City of Chicago, 588 F. Supp. 132 (N.D. Ill. 1984).
“( 34 C.F.R. § 75.1 ; 75.2, 270.02(e)) 417. In each of fiscal years 1983 and 1984 Congress appropriated $28,765,000 for Secretary’s Discretionary Fund, 20 U.”
United States v. Bd. of Educ. of City of Chicago, 621 F. Supp. 1296 (N.D. Ill. 1985).
“34 C.F.R. §§ 75.1 , 75.2. Those implementing regulations, which permit the Secretary to make Title IV grants at any time and on an application-by-application basis, do not require that he award funds only after a “competition” among all eligible applicants for those funds.”
Grand Canyon Univ. v. Cardona (D. Ariz. 2021).
“34 C.F.R. § 75.1 (b). The authorizing statutes for the HEERF II and III 25 funds are CRRSAA and ARPA, respectively.”
Grand Canyon Univ. v. Cardona (D. Ariz. 2021).
“21 See 34 C.F.R. § 75.1 (b). The authorizing statutes for the HEERF II and III funds are 22 CRRSAA and ARPA, respectively.”
Secular Student All. v. U.S. Dep't of Educ. (D.D.C. 2025).
“The Department administers federal grant funding through “Direct Grant Programs,” see 34 C.F.R. § 75.1 , et seq., and federally funded, State Administered Programs, see 34 C.”
Strom v. Cardona (S.D.N.Y. 2025).
“34 C.F.R. § 75.1 (a); see ED3 (“Applicable Regulations,” Notice Inviting Applications for NCLB Program grants); ED15 (“Applicable Regulations,” Notice Inviting Applications for ESSA Program grants).”
Nat'l Ass'n for the Advancement of Colored People v. United States (D. Maryland 2025).
“, 34 C.F.R. §§ 75.1 (c)(1), 76.1. To administer formula grant programs, the Department must “determine applicants’ eligibility, allocate formula funds accurately, distribute awards in a timely manner, and monitor their use by recipients to prevent waste, fraud, and abuse.”
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