Code of Federal Regulations Title 34 - Education
Title 34 of the Code of Federal Regulations (CFR) is titled "Education". It is the principal set of rules and regulations issued by federal agencies of the United States regarding education, covering everything from elementary and secondary education to postsecondary education, adult education, and vocational education.
Primary Agencies and Their Roles within Title 34:
The vast majority of Title 34 CFR is comprised of regulations issued by the U.S. Department of Education (ED), its various offices, and sometimes other related entities. The structure of Title 34 reflects the organizational structure of the Department of Education:
Subtitle A—Office of the Secretary, Department of Education (Parts 1-99): These parts cover general administrative regulations that apply broadly across all programs administered by the Department. Key examples include:
Part 75, 76, 77, etc. - Education Department General Administrative Regulations (EDGAR): These are fundamental regulations that apply to most grant and aid programs administered by the Department of Education. They cover topics like application procedures, selection criteria, fiscal requirements, performance monitoring, and enforcement.
Part 86 - Drug and Alcohol Abuse Prevention: Regulations requiring institutions of higher education and elementary and secondary schools to implement drug and alcohol abuse prevention programs.
Part 97 - Protection of Human Subjects: Rules for research involving human subjects conducted or supported by the Department of Education.
Part 99 - Family Educational Rights and Privacy (FERPA): This is a highly significant and frequently cited regulation. It protects the privacy of student education records and grants parents and eligible students certain rights with respect to those records. This includes rights to inspect and review records, seek to amend them, and control the disclosure of personally identifiable information from them.
Chapter I—Office for Civil Rights, Department of Education (Parts 100-199): This chapter contains regulations that prohibit discrimination in education based on various protected characteristics. Key examples include:
Part 100 - Nondiscrimination Under Federally Assisted Programs (Title VI of the Civil Rights Act of 1964): Prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving federal financial assistance.
Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance (Section 504 of the Rehabilitation Act of 1973): Prohibits discrimination against individuals with disabilities.
Part 106 - Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance (Title IX of the Education Amendments of 1972): Prohibits sex-based discrimination in education.
Chapter II—Office of Elementary and Secondary Education, Department of Education (Parts 200-299): These regulations govern federal programs and funding for K-12 education. Key areas include:
Part 200 - Title I - Improving Basic Programs Operated by State and Local Educational Agencies: Regulations for the largest federal program supporting K-12 education for disadvantaged students.
Part 201 - Migratory Children: Specific rules for programs designed to meet the special educational needs of migratory children.
Part 202 - Even Start Family Literacy Programs: Rules for these programs aimed at improving literacy and educational opportunities for families.
Chapter III—Office of Special Education and Rehabilitative Services, Department of Education (Parts 300-399): These regulations are critical for supporting individuals with disabilities.
Part 300 - Assistance to States for the Education of Children with Disabilities (IDEA Part B): This is perhaps the most significant part, implementing the Individuals with Disabilities Education Act (IDEA), ensuring free appropriate public education (FAPE) for children with disabilities, and outlining requirements for individualized education programs (IEPs), evaluations, and due process rights.
Part 303 - Early Intervention Program for Infants and Toddlers with Disabilities (IDEA Part C): Regulations for early intervention services for infants and toddlers with disabilities and their families.
Parts 361-397 - Vocational Rehabilitation Programs: Regulations for various programs under the Rehabilitation Act of 1973, which provide services to individuals with disabilities to prepare for and obtain employment.
Chapter IV—Office of Career, Technical, and Adult Education, Department of Education (Parts 400-499): These regulations address vocational education and adult literacy.
Parts 400s - Perkins Act Programs: Rules for programs under the Carl D. Perkins Career and Technical Education Act, which provides federal funding to states for vocational and technical education programs.
Parts 460s - Adult Education and Literacy: Regulations for programs supporting adult education and literacy, often under the Workforce Innovation and Opportunity Act (WIOA).
Chapter VI—Office of Postsecondary Education, Department of Education (Parts 600-699): This is another very large and critical section covering federal programs related to higher education.
Part 600 - Institutional Eligibility Under the Higher Education Act of 1965, as Amended: Defines what types of institutions are eligible to participate in federal student aid programs.
Part 668 - Student Assistance General Provisions: General rules governing the administration of federal student financial aid programs (e.g., Pell Grants, Stafford Loans, PLUS Loans, Federal Work-Study). These rules cover institutional responsibilities, student eligibility, disbursement of funds, and program integrity.
Parts 673-694 - Specific Student Aid Programs: Detailed regulations for each individual Title IV student financial aid program (e.g., Pell Grants, Campus-Based Programs, Federal Family Education Loan Program (FFELP) (now largely phased out), Federal Direct Loan Program, TEACH Grants).
Parts 654-659 - International Education Programs: Rules for various programs promoting international education.
Parts 606-646 - Institutional Programs: Regulations for grants to various types of institutions (e.g., Strengthening Institutions Program, Historically Black Colleges and Universities Program, Hispanic-Serving Institutions Program).
Impact of Title 34 CFR:
Title 34 CFR has a profound impact on all levels of education in the United States:
Funding: It dictates how billions of dollars in federal education funding are distributed and used by states, local school districts, and institutions of higher education.
Student Rights: Regulations like FERPA and those under IDEA protect the rights of students and their families regarding privacy, access to education, and accommodations for disabilities.
Civil Rights: It enforces non-discrimination in educational settings, promoting equity and access for all students.
Accountability: It establishes requirements for accountability, performance, and reporting for educational institutions and programs receiving federal funds.
Program Implementation: It provides detailed guidance for the implementation of a wide range of federal education programs, from early childhood to adult learning.
Where to Find Title 34 CFR:
You can access the most current version of Title 34 of the Code of Federal Regulations through:
eCFR (Electronic Code of Federal Regulations): This is the most up-to-date and easily searchable online version, maintained by the Office of the Federal Register and the Government Publishing Office. It's continuously updated.
GovInfo.gov: Provides access to published annual editions of the CFR, as well as the Federal Register (where new and amended rules are first published).
U.S. Department of Education Website (ed.gov): The Department's website often provides direct links to relevant regulations, guidance documents, and policy interpretations.
Legal Research Platforms: Services like Cornell Law School's Legal Information Institute (LII) or Justia also provide access to the CFR.
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