Title 34--EDUCATION
Chapter


be embossed on paper or other media. (c) Official Seal means the original(s) of the Seal showing the exact form, content, and colors. (d) Replica means a copy of...


enclosed by a dark blue border with gold edges bearing the inscription ``DEPARTMENT OF EDUCATION'' above a star at either side of the words ``UNITED STATES OF AMERICA'' in...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR3.3] [Page 5] TITLE 34--EDUCATION PART 3--OFFICIAL SEAL--Table of Contents Sec. 3.3 Authority to affix seal. The Secretary and the Secretary's designees are authorized to affix the Official Seal, replicas, reproductions, and embossing seals to appropriate documents, certifications, and other material for all purposes as authorized by this section. (Authority: 20 U.S.C. 3474) ...


use the Seal must be made in writing to Director of Public Affairs, U.S. Department of Education, 400 Maryland Avenue, SW., Washington, DC 20202, and must specify, in detail, the...


or a Deputy General Counsel, by mail at 400 Maryland Avenue SW., Washington, DC 20202 or by personal service at that address. The persons above designated are authorized...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR5.1] [Page 7] TITLE 34--EDUCATION PART 5--AVAILABILITY OF INFORMATION TO THE PUBLIC PURSUANT TO PUB. L. 90-23 --Table of Contents Subpart A--Definitions Sec. 5.1 Act. As used in this part, Act means section 552 of title 5, United States Code, as amended by Pub. L. 90-23, codifying the Act of July 4, 1966, sometimes referred to as the ``Freedom of Information Act''. ...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR5.2] [Page 7] TITLE 34--EDUCATION PART 5--AVAILABILITY OF INFORMATION TO THE PUBLIC PURSUANT TO PUB. L. 90-23 --Table of Contents Subpart A--Definitions Sec. 5.2 Department. As used in this part, Department means the Department of Education. ...


maps, pamphlets, photographs, slides, motion pictures, or other documentary materials, regardless of physical form or characteristics, made or received by the...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR5.6] [Page 7] TITLE 34--EDUCATION PART 5--AVAILABILITY OF INFORMATION TO THE PUBLIC PURSUANT TO PUB. L. 90-23 --Table of Contents Subpart A--Definitions Sec. 5.6 Statutory definitions. The definitions in the Act and the Office of Management and Budget's ``Uniform FOIA Fee Schedule and Guidelines,'' 52 FR 10012 (March 27, 1987), apply to this part. [52 FR 32525, Aug. 27, 1987] ...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR5.11] [Page 7] TITLE 34--EDUCATION PART 5--AVAILABILITY OF INFORMATION TO THE PUBLIC PURSUANT TO PUB. L. 90-23 --Table of Contents Subpart B--What Records Are Available Sec. 5.11 Purpose and scope. This part constitutes the regulation of the Department respecting the availability to the public, pursuant to the Act, of records of the Department. It informs the public what records are generally available. ...


confidentiality and the administrative necessities recognized by the Act. Unless otherwise exempted from disclosure pursuant to law, records of the Department shall be...


(1) Descriptions of the Department's central and field organization and the established places at which, the officers from whom, and the...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR5.14] [Page 8] TITLE 34--EDUCATION PART 5--AVAILABILITY OF INFORMATION TO THE PUBLIC PURSUANT TO PUB. L. 90-23 --Table of Contents Subpart B--What Records Are Available Sec. 5.14 Published documents. Published records of the Department, whether or not available for purchase, shall be made available for examination. ...


not required to be created to provide the requester with such data as ratios, proportions, percentages, per capitas, frequency distributions, trends, correlations, and...


to subsection (a)(2) of the Act relates to a private party or parties and the release of the name or names or other identifying details will constitute a clearly...


the National Archives or other record centers of the General Services Administration, but would otherwise be available under this Act, such records shall be requested by the...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR5.18] [Page 9] TITLE 34--EDUCATION PART 5--AVAILABILITY OF INFORMATION TO THE PUBLIC PURSUANT TO PUB. L. 90-23 --Table of Contents Subpart B--What Records Are Available Sec. 5.18 Destroyed records. Records of specified form or character are destroyed after the lapse of time specified in the Records Disposal Act of 1943 (44 U.S.C. 366- 380), the Federal Property Management Regulations (41 CFR parts 101- 111), and the Records Control Schedules. ...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR5.19] [Page 9] TITLE 34--EDUCATION PART 5--AVAILABILITY OF INFORMATION TO THE PUBLIC PURSUANT TO PUB. L. 90-23 --Table of Contents Subpart B--What Records Are Available Sec. 5.19 Records of other departments and agencies. Requests for records which originated in or concern matters which originated in another Department or Government agency may be forwarded to the Department or agency primarily concerned and the requester so notified. ...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR5.32] [Page 9] TITLE 34--EDUCATION PART 5--AVAILABILITY OF INFORMATION TO THE PUBLIC PURSUANT TO PUB. L. 90-23 --Table of Contents Subpart C--Freedom of Information Officer Sec. 5.32 Freedom of information officer. The Freedom of Information Officer shall be responsible for determining whether records of the Department must be withheld from disclosure and shall have authority to deny requests for records of the Department. ...


(b) If a request is made at any office of the Department and the information or record is not located where the request is made, the requester shall be referred to...


therefor. Copying service shall be limited to not more than two copies of any single page, except that additional copies may be made where administrative considerations...


the Freedom of Information Officer. Denials of requests shall be in writing and shall contain the reasons for the denial and provide the requester with appropriate information on how...


this part as follows: (1) Search for records--(i) General. Full search fees are charged for records requested by commercial use requesters. For records requested...


specified in the request if that amount exceeds $25, the requester is: (a) Notified promptly of the amount of the estimated fee or that portion of the fee as can readily...


the requester of the anticipated cost and obtains satisfactory [[Page 11]] assurance of full payment if the requester has a history of prompt payment of...


was sent, interest is assessed at the rate prescribed under 31 U.S.C. 3717. The Secretary may use the procedures authorized under the Debt Collection Act of 1982 to...


for in this section if the Secretary determines that it is: (1) In the public interest because furnishing the information can be considered as primarily benefiting...


fullest possible disclosure, make available for inspection and copying. For clarity and purposes of guidance, there are also set forth below the kinds or portions of records...


information in whatever record or document contained shall not be disclosed where disclosure would be inconsistent with individual rights of personal privacy or would...


and 5.73, be available upon request for inspection and copying. (a) Correspondence. Correspondence, relating to or resulting from the conduct of the official business of...


prohibited by law from disclosure, are not available for inspection or copying, any provision of Sec. 5.72 notwithstanding: [[Page 13]] (a) Intra-agency...


portions of documents described in Sec. 5.73 if he determines that disclosure is in the public interest and is consistent with obligations of confidentiality and...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR5.80] [Page 13] TITLE 34--EDUCATION PART 5--AVAILABILITY OF INFORMATION TO THE PUBLIC PURSUANT TO PUB. L. 90-23 --Table of Contents Subpart G--Administrative Review Sec. 5.80 Review of denial of a record. This subpart provides for the review of a denial, pursuant to Sec. 5.53, of a written request for inspection or copying of a record. ...


review within (a) 30 days of receipt of the determination to deny or (b) within 30 days of receipt of records which are in partial response to his request if a portion of...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR5.82] [Page 13] TITLE 34--EDUCATION PART 5--AVAILABILITY OF INFORMATION TO THE PUBLIC PURSUANT TO PUB. L. 90-23 --Table of Contents Subpart G--Administrative Review Sec. 5.82 By whom review is made. (a) Requests for review of denials should be addressed to the Secretary. (b) [Reserved] ...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR5.83] [Page 13] TITLE 34--EDUCATION PART 5--AVAILABILITY OF INFORMATION TO THE PUBLIC PURSUANT TO PUB. L. 90-23 --Table of Contents Subpart G--Administrative Review Sec. 5.83 Contents of request for review. The request for review shall include a copy of the written request and the denial. ...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR5.84] [Page 13] TITLE 34--EDUCATION PART 5--AVAILABILITY OF INFORMATION TO THE PUBLIC PURSUANT TO PUB. L. 90-23 --Table of Contents Subpart G--Administrative Review Sec. 5.84 Consideration on review. Review shall be considered on the basis of the written record including any written argument submitted by the requester. ...


review. Extension of the time limit may be granted to the extent that the maximum 10-day limit on extensions has not been exhausted on the initial...


Disclosure means the availability or release of a record to anyone other than the subject individual. (e) Individual means a living person who is a citizen of the United...


establishes agency policies and procedures under which a subject individual may be given notification of or access to a record pertaining to him and policies and procedures...


of the Department, and responsibilities of the Department for disclosing records which the general public is entitled to have under the Freedom...


is acquired to the greatest extent practicable from the subject individual when maintenance of the record may result in a determination about the subject individual's rights,...


record pertaining to him. An individual may be accompanied by another individual of his choice when he requests access to a record in person; Provided, That he...


accomplish a Department function. A subject individual making a request to amend or correct his record shall address his request to the responsible Department official in...


Secretary. (2) An appeal will be completed within 30 working days from its receipt by the appeal authority; except that, the appeal authority may for good cause extend...


the consent of the subject individual. In each case the consent, whether obtained from the subject individual at the request of the Department or whether provided to...


is authorized to act on behalf of an individual or a subject individual. Except as provided in paragraph (b)(2) of Sec. 5b.5, of this part governing procedures...


records only in compelling cases. (b) Specific systems of records exempted under (j)(2). The Department exempts the Investigative Files of the Inspector General...


provision requiring the contractor to comply with the Act and this part. (b) All unexpired contracts entered into prior to September 27, 1975 which require...


to which he is granted access. No fee may be charged for making a search of the system of records whether the search is manual, mechanical, or electronic. Where a copy of...


in inventions developed by Department employees, contractors and grantees with the aid of public funds and facilities; (b) To encourage and recognize individual...


availability can generally be adequately preserved by the dedication of a Government- owned invention to the public. Determinations to file a domestic patent application...


27]] revocable and nonexclusive. They will normally be issued to all applicants and will generally contain no limitations or standards relating to...


such patents. Invention reports required from employees or others for the purpose of obtaining determinations of ownership, and documents and information obtained...


writing by the head of the employee's office or constituent organization, pursuant to an exemption approved by the Commissioner of Patents that to include him or them would...


any relation to his official duties or which was made in whole or in any part during working hours, or with any contribution of Government facilities, equipment,...


of the Department, will be made in writing by the Secretary in accordance with the provisions of Executive Order 10096 and Government-wide regulations issued...


that the Government shall reserve an option to require the assignment of such rights in all or in any specified foreign countries. In case where the inventor is...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR7.7] [Page 28] TITLE 34--EDUCATION PART 7--EMPLOYEE INVENTIONS--Table of Contents Sec. 7.7 Notice to employee of determination. The employee-inventor shall be notified in writing of the Department's determination of the rights to his invention and of his right of appeal, if any. Notice need not be given if the employee stated in writing that he would agree to the determination of ownership which was in fact made. ...


10930, and regulations issued thereunder, by filing a written appeal with the Commissioner, in duplicate, and a copy of the appeal with the Secretary within 30 days...


receives a demand for-- (1) Testimony by an employee concerning-- (i) Records contained in the files of the Department; (ii) Information relating to...


or other forums for dispute resolution. Demand includes a subpoena, subpoena duces tecum, request, order, or other notice for testimony or records arising in...


legal proceeding in which the demand arises-- (1) Must be in writing; and (2) Must state the nature of the requested testimony or records and why the...


(b) An employee may not give testimony without the prior written authorization of the Secretary. (c)(1) The Secretary may allow an employee to testify if the...


the employee shall immediately notify the Secretary and request instructions. (2) If an employee receives any other demand for records, the Department-- ...


State that is appropriate for assignment to, or that has been assigned to, the Secretary by the Administrator for transfer for educational purposes, as provided for in...


of the Act: Administrator Surplus property (b) Definitions in the Education Department General Administrative Regulations (EDGAR). The following terms used...


(a) 34 CFR parts 100, 104, and 106. (b) 41 CFR part 101-47. (c) 34 CFR part 85. (Authority: 40 U.S.C. 484(k); 42 U.S.C. 2000d-1 et seq.; 29 U.S.C....


The Secretary notifies potential applicants of the availability of surplus Federal real property for transfer for educational uses in accordance with 41...


real property: (a) A State. (b) A political subdivision or instrumentality of a State. (c) A tax-supported institution. (d) A nonprofit institution. ...


real property must-- (a) Contain a program and plan of use; (b) Contain a certification from the applicant that the proposed program is not in conflict with...


(a) If there is more than one applicant for the same surplus Federal real property, the Secretary transfers or leases the property to the applicant whose proposed program and plan of...


Federal real property using transfer or lease instruments that the Secretary prescribes. (b) The transfer or lease instrument contains the applicable terms and...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR12.9] [Page 34] TITLE 34--EDUCATION PART 12--DISPOSAL AND UTILIZATION OF SURPLUS FEDERAL REAL PROPERTY FOR EDUCATIONAL PURPOSES--Table of Contents Subpart B--Distribution of Surplus Federal Real Property Sec. 12.9 What warranties does the Secretary give? The Secretary transfers or leases surplus Federal real property on an ``as is, where is,'' basis without warranty of any kind. (Authority: 40 U.S.C. 484(k)(1)) ...


with the provisions of appendix A to this part taking into account the nature of the applicant, and the need for, impact of, and type of program and plan of use for...


The Secretary directs the transferee or lessee to comply with applicable provisions of the following statutes and Executive Orders prior to, or immediately upon,...


(a) General terms and conditions for transfers and leases. The following general terms and conditions apply to transfers and leases of surplus Federal real property under...


permissible? (a) By eligible entities. A transferee or lessee may permit the use of all or a portion of the surplus Federal real property by another eligible entity...


(a) General sanctions for noncompliance. The Secretary imposes any or all of the following sanctions, as applicable, to all transfers or leases of surplus...


(a) The Secretary may, in the Secretary's sole discretion, abrogate the conditions and restrictions in the transfer or lease instrument if-- (1)...


1970 (Pub. L. 91-646, 84 Stat. 1894, 42 U.S.C. 4601) as amended by the SUrface Transportation and Uniform Relocation Assistance Act of 1987 (Title IV of Pub. L. 100-17, 101...


in adversary adjudications before the Department of Education; and (2) Meet all other conditions of eligibility contained in this part. (b) An...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR21.2] [Page 41] TITLE 34--EDUCATION PART 21--EQUAL ACCESS TO JUSTICE--Table of Contents Subpart A--General Sec. 21.2 Time period when the Act applies. The Act applies to any adversary adjudication covered under this part pending or commenced before the Department on or after August 5, 1985. (Authority: 5 U.S.C. 504(note)) ...


or other deciding official who presided at the underlying adversary adjudication. (Authority: 5 U.S.C. 504(b)(1)(D)) Adversary adjudication means...


following: (a) Compliance proceedings under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). (b) Compliance and enforcement proceedings under the...


of fees and other expenses may be made only under 28 U.S.C. 2412 (awards in certain judicial proceedings). (Authority: 5 U.S.C. 504(c)(1); 28...


and other expenses: (a) An individual who has a net worth of not more than $2 million. (b) Any owner of an unincorporated business who has-- (1) A net worth of...


the adversary adjudication was initiated. (b) In determining eligibility, the adjudicative officer shall include the net worth and number of employees of the applicant and...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR21.22] [Page 43] TITLE 34--EDUCATION PART 21--EQUAL ACCESS TO JUSTICE--Table of Contents Subpart C--How Is Eligibility Determined? Sec. 21.22 Applicants representing others. If an applicant is a party in an adversary adjudication primarily on behalf of one or more persons or entities that are ineligible under this part, then the applicant is not eligible for an award. (Authority: 5 U.S.C. 504 (b)(1)(B) and (c)(1)) ...


in a significant and discrete substantive portion of an adversary adjudication--but no later than 30 days after the Department's final disposition of...


to show that the applicant is a prevailing party in an adversary adjudication or in a significant and discrete substantive portion of an adversary adjudication. (2)...


of the applicant. (b) However, if an applicant objects to public disclosure of any portion of the information and believes there are legal grounds for withholding it...


adversary adjudication; or (2) A significant and discrete substantive portion of an adversary adjudication. (b) If a proceeding includes issues covered by the Act and...


(1) File with the adjudicative officer its application and any related documents; and (2) Serve on all parties to the adversary adjudication copies of...


the application. (2) The Department's counsel may request an extension of time for filing the Department's answer. (3) The adjudicative officer shall grant the...


in the record of the adversary adjudication, the applicant shall include with the reply either-- (1) Supporting affidavits; or (2) A request for further...


within 30 days after the applicant files the application; (2) The answer within 30 days after the counsel files the answer; or (3) Both, if the comments are...


adjudicative officer may order further proceedings on his or her own initiative or at the request of the applicant or the Department's counsel. (2) The...


adjudicative officer shall consider one or more of the following: (1)(i) If the attorney, agent, or expert witness is in private practice, his or her customary fee for...


initial decision on an application within 30 days after completion of proceedings on the application. (b) The initial decision must include the...


officer shall issue the initial decision within 30 days after completion of the proceedings. (b) The initial decision must include the information required...


(1) Issue a final decision on the appeal of the adjudicative officer's initial decision; or (2) Remand the application to the adjudicative officer for...


review; (2) An initial decision made by an adjudicative officer in a proceeding subject to CRRA review that was not appealed to the CRRA; or (3) A final decision made...


the Department's final decision 60 days after it is issued by the adjudicative officer; or (b) The CRRA's decision on the application becomes the...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR21.56] [Page 49] TITLE 34--EDUCATION PART 21--EQUAL ACCESS TO JUSTICE--Table of Contents Subpart F--How Are Awards Determined? Sec. 21.56 Judicial review. If the applicant is dissatisfied with the award determination in the final decision under Secs. 21.52-21.55, the applicant may seek judicial review of that determination under 5 U.S.C. 504(c)(2) within 30 days after that determination was made. (Authority: 5 U.S.C. 504(c)(2)) ...


(a) A request for payment signed by the applicant or its duly authorized agent; (b) A copy of the final decision granting the award; and (c) A statement that-- (1)...


(a) Is final and conclusive with respect to that application; and (b) Constitutes a complete release of any further claim against the United States with respect to...


(1) Collect the debt under the procedures authorized in the regulations in this part. (2) Refer the debt to the General Accounting Office for collection. (3)...




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