Title 34--EDUCATION
Chapter


administering subgrants (whether on a cost reimbursement or fixed amount basis) of financial assistance to local and Indian tribal governments. States shall: ...


responsible for managing the day-to-day operations of grant and subgrant supported activities. Grantees must monitor grant and subgrant supported activities to...


(5) of this section, grantees will use only the forms specified in paragraphs (a) through (e) of this section, and such supplementary or other forms as may from time to time...


to all financial and programmatic records, supporting documents, statistical records, and other records of grantees or subgrantees which are: (i) Required to...


to comply with any term of an award, whether stated in a Federal statute or regulation, an assurance, in a State plan or application, a notice of award, or elsewhere,...


whole or in part only as follows: (a) By the awarding agency with the consent of the grantee or subgrantee in which case the two parties shall agree upon...


determines that all applicable administrative actions and all required work of the grant has been completed. (b) Reports. Within 90 days after the expiration or termination...


(a) The Federal agency's right to disallow costs and recover funds on the basis of a later audit or other review; (b) The grantee's obligation to return any funds due as...


to which the grantee is finally determined to be entitled [[Page 226]] under the terms of the award constitute a debt to the Federal Government. If not...


[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: 34CFR81.1] [Page 226] TITLE 34--EDUCATION PART 81--GENERAL EDUCATION PROVISIONS ACT--ENFORCEMENT--Table of Contents Subpart A--General Provisions Sec. 81.1 Purpose. The regulations in this part govern the enforcement of legal requirements under applicable programs administered by the Department of Education and implement Part E of the General Education Provisions Act (GEPA). (Authority: 20 U.S.C. 1221e-3, 1234(f)(1), and 3474(a)) ...


in accordance with section 451 (b) and (c) of GEPA. Applicable program means any program for which the Secretary of Education has administrative responsibility,...


has jurisdiction to conduct the following proceedings concerning an applicable program: (1) Hearings for recovery of funds. (2) Withholding hearings. (3) Cease...


of the members of the OALJ to be the chief judge. The chief judge is responsible for the efficient and effective administration of the OALJ. (c) The chief judge assigns...


course of the proceedings and the conduct of the parties to ensure a fair, expeditious, and economical resolution of the case in accordance with applicable law. (b) An ALJ...


(b) Except as otherwise provided in this part or in a notice of designation under Sec. 81.3(b), an ALJ conducts the hearing entirely on the basis of briefs and other written...


the ALJ assigned to the case. The application must-- (1) Identify the case in which participation is sought; (2) State how the applicant's interest relates to...


[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: 34CFR81.8] [Page 228] TITLE 34--EDUCATION PART 81--GENERAL EDUCATION PROVISIONS ACT--ENFORCEMENT--Table of Contents Subpart A--General Provisions Sec. 81.8 Representation. A party to, or other participant in, a case may be represented by counsel. (Authority: 20 U.S.C. 1221e-3, 1234(f)(1), and 3474(a)) ...


argument, or other proceeding at which the parties are required to appear in person is held in the Washington, DC metropolitan area unless the ALJ determines that the...


relevant to the merits of the case unless the parties are given notice and an opportunity to participate. (Authority: 5 U.S.C. 554(d)(1), 557(d)(1)(A); 20 U.S.C....


of time, a motion must be made in writing unless the parties appear in person or participate in a conference telephone call. The ALJ may require a party to reduce an...


The Secretary discourages the use of facsimile transmission for documents longer than five pages. (b) If a party files a brief or other document with an ALJ or...


and agreed to by, the parties to the case. (c) A party may request mediation by filing a motion with the ALJ assigned to the case. The OALJ arranges for a mediator if...


for approval of a settlement agreement, the ALJ may grant a stay of the proceedings upon a finding of good cause. (b) Evidence of conduct or statements made during...


(1) Relevant; (2) Material; (3) Not unduly repetitious; and (4) Not inadmissible under Sec. 81.13 or Sec. 81.14. (b) The ALJ may take official notice of...


may order compulsory discovery described in paragraph (c) of this section if the ALJ determines that-- (1) The order is necessary to secure a fair, expeditious,...


is governed by the principles of common law as interpreted by the courts of the United States. (Authority: 20 U.S.C. 1221e-3, 1234(f)(1),...


the parties. Transcripts are made available to non-Departmental parties at a cost not to exceed the actual cost of duplication. (b) The record of a hearing on 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: 34CFR81.19] [Page 230] TITLE 34--EDUCATION PART 81--GENERAL EDUCATION PROVISIONS ACT--ENFORCEMENT--Table of Contents Subpart A--General Provisions Sec. 81.19 Costs and fees of parties. The Equal Access to Justice Act, 5 U.S.C. 504, applies by its terms to proceedings under this part. Regulations under that statute are in 34 CFR part 21. (Authority: 20 U.S.C. 1221e-3, 1234(f)(1), and 3474(a)) [[Page 231]] ...


an initial decision, except that the Secretary may, at any time prior to the issuance of an initial decision, grant review of a ruling upon either an ALJ's certification of the...


return funds to the Department if-- (1) The recipient made an unallowable expenditure of funds under a grant or cooperative agreement; or (2) The recipient...


funds shall return an amount that-- (a) Meets the standards for proportionality in Sec. 81.32; (b) In the case of a State or local educational agency, excludes...


amount that is proportional to the extent of the harm its violation caused to an identifiable Federal interest associated with the program under which it received the grant...


otherwise failed to account properly for funds is not required to return any amount that is attributable to the mitigating circumstances described in paragraph (b), (c), or (d)...


the official gives the recipient written notice of a disallowance decision. The official sends the notice by certified mail, return receipt requested, or other means that...


the amount of a claim established under this subpart by-- (a) Redetermining the claim on the basis of the proper application of the law, including the standards for...


a claim established under this subpart without following the procedures in 4 CFR part 103 if-- (1)(i) The amount of the claim does not exceed $200,000; or (ii)...


file a written application for review with the Office of Administrative Law Judges, c/o Docket Clerk, Office of Hearings and Appeals, and, as required by Sec. 81.12(b),...


(b) The ALJ decides whether the notice of a disallowance decision meets the requirements of Sec. 81.34, as provided by section 451(e) of GEPA. (1)...


receipt of an acceptable application for review under Sec. 81.37. (b) The ALJ may waive the 90-day requirement for good cause. (Authority: 5 U.S.C. 556(d); 20...


the burden of proving that the recipient is not required to return the amount of funds that the disallowance decision requires to be returned because-- (a) An...


conclusions of law, and reasoning on all material issues. (c) The initial decision is transmitted to the Secretary by hand- delivery or Department mail, and to the parties...


file a petition for review with the Office of Hearings and Appeals, which immediately forwards the petition to the Office of the Secretary. (b) A party shall file...


any proper submissions of the parties or other participants in the case. (2) During the Secretary's review of the initial decision there shall not be any ex parte...


the ALJ's decision unless the Secretary modifies, sets aside, or remands the decision during the 60-day period. (b) If the Secretary modifies or sets aside the...


procedures in 34 CFR part 30. (b) A claim established under this subpart may be collected-- (1) 30 days after a recipient receives notice of a disallowance decision...


for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member...


commissions and Government corporations, as defined in 31 U.S.C. 9101(1). (b) Covered Federal action means any of the following Federal actions: ...


such person for: (1) Award of a Federal contract, grant, or cooperative agreement exceeding $100,000; or (2) An award of a Federal loan or a commitment...


compensation made to an officer or employee of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement if the payment is for agency...


reasonable compensation made to an officer or employee of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement or an extension,...


[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: 34CFR82.210] [Page 244] TITLE 34--EDUCATION PART 82--NEW RESTRICTIONS ON LOBBYING--Table of Contents Subpart B--Activities by Own Employees Sec. 82.210 Reporting. No reporting is required with respect to payments of reasonable compensation made to regularly employed officers or employees of a person. ...


any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action, if the payment is for professional or...


for each such expenditure. (b) Any person who fails to file or amend the disclosure form (see appendix B) to be filed or amended if required herein, shall be...


(except subsection (c)), 3804, 3805, 3806, 3807, 3808, and 3812, insofar as these provisions are not inconsistent with 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: 34CFR82.410] [Page 245] TITLE 34--EDUCATION PART 82--NEW RESTRICTIONS ON LOBBYING--Table of Contents Subpart D--Penalties and Enforcement Sec. 82.410 Enforcement. The head of each agency shall take such actions as are necessary to ensure that the provisions herein are vigorously implemented and enforced in that agency. ...


in writing, that such an exemption is in the national interest. The Secretary shall transmit a copy of each such written exemption to Congress immediately after...


each year, submit to the Secretary of the Senate and the Clerk of the House of Representatives a report containing a compilation of the [[Page...


Congress each year, commencing with submission of the President's Budget in 1991, an evaluation of the compliance of that agency with, and the effectiveness of, the...


the extent permitted by law, Executive departments and agencies shall participate in a governmentwide system for nonprocurement debarment and suspension. A person who is...


Adequate evidence. Information sufficient to support the reasonable belief that a particular act or omission has occurred. Affiliate. Persons are affiliates of each other...


are currently participating or may reasonably be expected to participate in transactions under Federal nonprocurement programs. For purposes of these regulations...


the Federal Government to conduct business only with responsible persons. Debarment and suspension are discretionary actions that, taken in accordance with Executive...


to the extent prohibited by law and subject to Sec. 85.201, Treatment of title IV HEA participation, persons who are debarred or suspended shall be excluded from...


an educational institution, lender, or third party servicer under E.O. 12549 by an agency other than the Department pursuant to procedures described in paragraph (c) of...


Sec. 85.105(i), are excluded in accordance with the applicable statutory, executive order, or regulatory authority. (Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082,...


Sec. 85.315 are excluded in accordance with the terms of their settlements. ED shall, and participants may, contact the original action agency to ascertain the extent of...


suspended, or voluntarily excluded person, or a person proposed for debarment under 48 CFR part 9, subpart 9.4, to participate in a particular covered transaction upon...


debarment, suspension, proposed debarment under 48 CFR part 9, subpart 9.4, determination of ineligibility, or voluntary exclusion of any person by an agency...


Sec. 85.215 or Sec. 85.220, a participant shall not knowingly do business under a covered transaction with a person who is-- (1) Debarred or suspended; (2)...


the causes in Sec. 85.305, using procedures established in Secs. 85.310 through 85.314. The existence of a cause for debarment, however, does not necessarily require that...


the provisions of Secs. 85.300 through 85.314 for: (a) Conviction of or civil judgment for: (1) Commission of fraud or a criminal offense in connection...


consistent with the principles of fundamental fairness, using the procedures in Secs. 85.311 through 85.314. (Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082,...


a cause for debarment from any source shall be promptly reported, investigated, and referred, when appropriate, to the debarring official for consideration. After...


notice to the respondent advising: (a) That debarment is being considered; (b) Of the reasons for the proposed debarment in terms sufficient to put...


Within 30 days after receipt of the notice of proposed debarment, the respondent may submit, in person, in writing, or through a representative, information and argument...


actions based upon a conviction or civil judgment, or in which there is no genuine dispute over material facts, the debarring official shall make a decision on the basis...


the Government, ED may, at any time, settle a debarment or suspension action. (b) If a participant and the agency agree to a voluntary exclusion of the participant,...


a debarment action against an educational institution, lender or third-party servicer under E.O. 12549, the Secretary uses the following procedures in connection with...


the seriousness of the cause(s). If a suspension precedes a debarment, the suspension period shall be considered in determining the debarment period. (1)...


person under these regulations constitutes debarment of all its divisions and other organizational elements from all covered transactions, unless the debarment decision is limited...


any of the causes in Sec. 85.405 using procedures established in Secs. 85.410 through 85.413. (b) Suspension is a serious action to be imposed only when: (1)...


the provisions of Secs. 85.400 through 85.413 upon adequate evidence: (1) To suspect the commission of an offense listed in Sec. 85.305(a); or (2) That a cause...


existence of a cause for suspension from any source shall be promptly reported, investigated, and referred, when appropriate, to the suspending official for...


immediately be given: (a) That suspension has been imposed; (b) That the suspension is based on an indictment, conviction, or other adequate evidence that the...


30 days after receipt of the notice of suspension, the respondent may submit, in person, in writing, or through a representative, information and argument in opposition...


terminate the suspension (for example, see Sec. 85.320(c) for reasons for reducing the period or scope of debarment) or may leave it in force. However, a decision to modify...


(a) Title IV E.O. 12549 suspensions. (1) If the Secretary initiates a suspension against an educational institution, lender or third-party servicer...


pending the completion of an investigation or ensuing legal, debarment, or Program Fraud Civil Remedies Act proceedings, unless terminated sooner by the suspending official...


scope of a debarment (see Sec. 85.325), except that the procedures of Secs. 85.410 through 85.413 shall be used in imposing a suspension. (Authority: E.O.s 12549 and 12689;...


the OMB guidelines, GSA shall compile, maintain, and distribute a list of all persons who have been debarred, suspended, or voluntarily excluded by agencies under Executive...


GSA with current information concerning [[Page 265]] debarments, suspension, determinations of ineligibility, and voluntary exclusions it has taken. Until February...


participants in primary covered transactions. Each participant shall submit the certification in appendix A to this part for it and its principals at the time the...


unless otherwise noted. (a) The purpose of this subpart is to carry out the Drug-Free Workplace Act of 1988 by requiring that-- (1) A grantee, other than...


definitions of Sec. 85.105 apply to this subpart. (b) For purposes of this subpart-- (1) Controlled substance means a controlled substance in schedules I through...


the agency. [[Page 267]] (b) This subpart applies to any grant, except where application of this subpart would be inconsistent with the international...


grants, or suspension or debarment. A grantee shall be deemed in violation of the requirements of this subpart if the agency head or his or her official...


this subpart as provided in Sec. 85.615, and in accordance with applicable law, the grantee shall be subject to one or more of the following actions: (1) Suspension...


respect to a particular grant, in writing, a suspension of payments under a grant, suspension or termination of a grant, or suspension or debarment of a grantee if the agency...


As a prior condition of being awarded a grant, each grantee shall make the appropriate certification to the Federal agency providing the grant, as provided in appendix C to...


(a) When a grantee other than an individual is notified that an employee has been convicted for a violation of a criminal drug statute occurring...


of the Drug-Free Schools and Communities Act Amendments of 1989, which added section 1213 to the Higher Education Act. These amendments require that, as a condition of...


which an IHE may receive funds or any other form of Federal financial assistance; and (b) All programs administered by any other Federal agency under which an IHE...


Sec. 86.100 to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by all students [[Page 274]] and employees on school premises or as...


by Sec. 86.3(b). (Approved by the Office of Management and Budget under control number 1880-0522) (Authority: 20 U.S.C. 1145g) [55 FR 33581, Aug. 16,...


not eligible to receive funds or any other form of financial assistance under any Federal program. (b) The effect of loss of eligibility to receive funds or any...


receive funds or any other form of financial assistance under any Federal program until the IHE has submitted a drug prevention program certification. (b)(1) The...


(b) Other definitions. The following terms used in this part are defined as follows: Compliance agreement means an agreement between the Secretary and...


annual distribution in writing to each employee, and to each student who is taking one or more classes for any type of academic credit except for continuing education...


[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: 34CFR86.101] [Page 275] TITLE 34--EDUCATION PART 86--DRUG AND ALCOHOL ABUSE PREVENTION--Table of Contents Subpart B--Institutions of Higher Education Sec. 86.101 What review of IHE drug prevention programs does the Secretary conduct? The Secretary annually reviews a representative sample of IHE drug prevention programs. (Authority: 20 U.S.C. 1145g) ...


provide the Secretary access to personnel, records, documents and any other necessary information requested by the Secretary to review the IHE's adoption and implementation of...


provides the drug prevention program certification required by Sec. 86.3(b) shall, upon request, make available to the Secretary and the public a copy of each item required by...


(a) Receiving any form of Federal financial assistance after becoming ineligible to receive that assistance because of failure to submit a certification in accordance...


certification, the Secretary may issue a response to the IHE. A response may include, but is not limited to-- (1) Provision of information and technical assistance; and ...


(a) The Secretary provides information or technical assistance to an IHE in writing, through site visits, or by other means. (b) The IHE shall inform the Secretary...


a compliance agreement or the provision of information or technical assistance? (a) If the Secretary intends to issue a response other than...


terminate an IHE's eligibility for any or all forms of Federal financial assistance? (a) A designated Department official begins a proceeding...


to demand the repayment of Federal financial assistance or terminate the eligibility of an IHE to receive some or all forms of Federal financial assistance...


all steps necessary to conduct a fair and impartial proceeding. (b) The ALJ is not authorized to issue subpoenas. (c) The ALJ takes whatever measures are appropriate...


recovery of Federal financial assistance may be parties in a hearing under this subpart. (b) Except as provided in this subpart, no person or organization other than a...


[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: 34CFR86.403] [Page 278] TITLE 34--EDUCATION PART 86--DRUG AND ALCOHOL ABUSE PREVENTION--Table of Contents Subpart E--Appeal Procedures Sec. 86.403 May a party be represented by counsel? A party may be represented by counsel. (Authority: 20 U.S.C. 1145g) ...


the case unless the other party is given notice and an opportunity to participate. (b)(1) To obtain an order or ruling from an ALJ, a party shall make a motion to...


facsimile transmission. The Secretary discourages the use of facsimile transmission for documents longer than five pages. (b) If a party files a brief or other document,...


settlement negotiations or for the parties to obtain approval of a settlement agreement, the ALJ grants the stay. (b) The following are not admissible in any proceeding...


sets the date and the place. (b)(1) The date is at least 15 days after the designated Department official receives the request and no later than 45 days after...


conference would be useful, or if requested by-- (i) The designated Department official; or (ii) The IHE. (2) The purpose of a pre-hearing conference is to allow the...


an ALJ. (b) An ALJ conducts the hearing entirely on the basis of briefs and other written submissions unless-- (1) The ALJ determines, after reviewing all...


certified mail, return receipt requested, within 30 days after-- (i) The last brief is filed; (ii) The last day of the hearing if one is held; or (iii) The...


has been terminated [[Page 281]] may file with the Department a request for reinstatement as an eligible entity no earlier than 18 months after the...


of this section, this policy applies to all research involving human subjects conducted, supported or otherwise subject to regulation by any federal department or agency...


or agency and any other officer or employee of any department or agency to whom authority has been delegated. (b) Institution means any public or private entity...


Department or Agency. (a) Each institution engaged in research which is covered by this policy and which is conducted or supported by a federal department or...


to promote complete and adequate review of research activities commonly conducted by the institution. The IRB shall be sufficiently qualified through the experience...


policy each IRB shall: (a) Follow written procedures in the same detail as described in Sec. 97.103(b)(4) and, to the extent required by, Sec. 97.103(b)(5). (b) Except...


modifications in (to secure approval), or disapprove all research activities covered by this policy. (b) An IRB shall require that information given to subjects...


risk, and for minor changes in approved research. (a) The Secretary, HHS, has established, and published as a Notice in the Federal Register, a list of categories...


by this policy the IRB shall determine that all of the following requirements are satisfied: (1) Risks to subjects are minimized: (i) By using procedures which...


an IRB may be subject to further appropriate review and approval or disapproval by officials of the institution. However, those officials may not approve the research if it...


to suspend or terminate approval of research that is not being conducted in accordance with the IRB's requirements or that has been associated with unexpected serious harm...


this policy which involve more than one institution. In the conduct of cooperative research projects, each institution is responsible for safeguarding the rights and...


maintain adequate documentation of IRB activities, including the following: (1) Copies of all research proposals reviewed, scientific evaluations, if any, that...


this policy, no investigator may involve a human being as a subject in research covered by this policy unless the investigator has obtained the legally effective informed...


of this section, informed consent shall be documented by the use of a written consent form approved by the IRB and signed by the subject or the subject's legally...


Certain types of applications for grants, cooperative agreements, or contracts are submitted to departments or agencies with the knowledge that subjects may be...


In the event research is undertaken without the intention of involving human subjects, but it is later proposed to involve human subjects in the research, the research shall first...


supported by a Federal Department or Agency. (a) The department or agency head will evaluate all applications and proposals involving human subjects submitted to...


not be expended for research involving human subjects unless the requirements of this policy have been satisfied. (Authority: 5 U.S.C. 301; 20 U.S.C. 1221e-3, 3474; and...


(a) The department or agency head may require that department or agency support for any project be terminated or suspended in the manner prescribed in applicable...


the department or agency head may impose additional conditions prior to or at the time of approval when in the judgment of the department or agency head additional...


(a) This subpart applies to all research involving children as subjects conducted or supported by the Department of Education. (1) This subpart applies to...


also apply to this subpart: (a) Children are persons who have not attained the legal age for consent to treatments or procedures involved in the research, under...


review research covered by this subpart and approve only research that satisfies the conditions of all applicable sections of this subpart. (Authority: 5 U.S.C. 301;...


that no greater than minimal risk to children is presented, only if the IRB finds that adequate provisions are made for soliciting the assent of the children and the...


ED conducts or funds research in which the IRB finds that more than minimal risk to children is presented by an intervention or procedure that holds out...


likely to yield generalizable knowledge about the subject's disorder or condition. ED conducts or funds research in which the IRB finds that more...


affecting the health or welfare of children. ED conducts or funds research that the IRB does not believe meets the requirements of Sec....


to the determinations required under other applicable sections of this subpart, the IRB shall determine that adequate provisions are made for soliciting the assent of the...


be included in research approved under Sec. 97.406 or Sec. 97.407 only if that research is-- (1) Related to their status as wards; or (2) Conducted in schools,...


Act (DEOA); and (2) Was administered by the Education Division of the Department of Health, Education, and Welfare on the day before the effective date...


Act means the General Education Provisions Act. Office means the information and investigation office specified in Sec. 98.5. (Authority: 20...


material--which will be used in connection with any research or experimentation program or project shall be available for inspection by the parents or guardians of...


consent to psychiatric examination, testing, or treatment, or psychological examination, testing, or treatment, in which the primary purpose is to reveal...


review complaints that may be filed concerning alleged violations of the provisions of the section. (b) The following is the name and address of the office...


[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: 34CFR98.6] [Page 297] TITLE 34--EDUCATION PART 98--STUDENT RIGHTS IN RESEARCH, EXPERIMENTAL PROGRAMS, AND TESTING-- Table of Contents Sec. 98.6 Reports. The Secretary may require the recipient to submit reports containing information necessary to resolve complaints under section 439 of the Act and the regulations in this part. (Authority: 20 U.S.C. 1221e-3(a)(1), 1232h) ...


must be submitted in writing to the Office. (b) The complaint filed under paragraph (a) of this section must-- (1) Contain specific allegations of fact...


against which the violation has been alleged that the complaint has been received. (b) The notice to the recipient or contractor under paragraph (a) of this...


the complainant and recipient or contractor written notice of its findings and the basis for its findings. (c) If the Office finds that the recipient or contractor has...


an action authorized under 34 CFR part 78, including: (i) Issuing a notice of intent to terminate funds under 34 CFR 78.21; (ii) Issuing a notice to...


or institution to which funds have been made available under any program administered by the Secretary, if-- (1) The educational institution provides educational...


of the General Education Provisions Act, as amended. (Authority: 20 U.S.C. 1232g) Note: 34 CFR 300.560-300.576 contain requirements regarding confidentiality...


as amended, enacted as section 444 of the General Education Provisions Act. (Authority: 20 U.S.C. 1232g) Attendance includes, but is not limited to: (a)...


been provided with evidence that there is a court order, State statute, or legally binding document relating to such matters as divorce, separation, or custody that...


the parents to the student. (b) The Act and this part do not prevent educational agencies or institutions from giving students rights in addition to those given...


students currently in attendance, or eligible students currently in attendance, of their rights under the Act and this part. (2) The notice must inform parents or...


an educational agency or institution, such as a unit of commissioned police officers or non- commissioned security guards, that is officially authorized or designated by...


(a) Except as limited under Sec. 99.12, a parent or eligible student must be given the opportunity to inspect and review the student's education records. This provision...


(a) Unless the imposition of a fee effectively prevents a parent or eligible student from exercising the right to inspect and review the student's education records, an...


of a student contain information on more than one student, the parent or eligible student may inspect and review or be informed of only the specific information about...


the education records relating to the student contain information that is inaccurate, misleading, or in violation of the student's rights of privacy, he or she may ask...


a parent or eligible student, on request, an opportunity for a hearing to challenge the content of the student's education records on the grounds that the...


(a) The educational agency or institution shall hold the hearing within a reasonable time after it has received the request for the hearing from the parent...


(a) The parent or eligible student shall provide a signed and dated written consent before an educational agency or institution discloses personally identifiable...


(a) An educational agency or institution may disclose personally identifiable information from an education record of a student without the consent required by Sec....


(a)(1) An educational agency or institution shall maintain a record of each request for access to and each disclosure of personally identifiable information from...


agency or institution may disclose personally identifiable information from an education record only on the condition that the party to whom the information is disclosed...


institutions? (a) An educational agency or institution that discloses an education record under Sec. 99.31(a)(2) shall: (1) Make a reasonable attempt to notify...


(a) The officials listed in Sec. 99.31(a)(3) may have access to education records in connection with an audit or evaluation of Federal or State...


(a) An educational agency or institution may disclose personally identifiable information from an education record to appropriate parties in connection with...


or institution may disclose directory information if it has given public notice to parents of students in attendance and eligible students in attendance at the agency...


after November 19, 1974, concerning the juvenile justice system? (a) If reporting or disclosure allowed by State statute concerns the juvenile...


institutions in connection with disciplinary proceedings concerning crimes of violence or non-forcible sex offenses? As used in...


means the Family Policy Compliance Office, U.S. Department of Education. (b) The Secretary designates the Office to: (1) Investigate, process, and...


determines that it cannot comply with the Act or this part due to a conflict with State or local law, it shall notify the Office within 45 days, giving the text...


submit reports containing information necessary to resolve complaints under the Act and the regulations in this part. (Authority: 20 U.S.C. 1232g (f)...


and this part. The Office's address is: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW., Washington, DC 20202-4605. (Authority:...


that a violation of the Act or this part has occurred. (b) The Office investigates each timely complaint to determine whether the educational agency or institution...


in writing if it initiates an investigation of a complaint under Sec. 99.64(b). The notice to the educational agency or institution-- (1) Includes the substance...


to submit further written or oral arguments or information. (b) Following its investigation, the Office provides to the complainant and the educational agency...


99.66(c), the Secretary may, in accordance with part E of the General Education Provisions Act-- (1) Withhold further payments under any applicable program; (2) Issue...




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