Code of Federal Regulations

  1. Title 34
  2. Chapter A
Title 34 Education Part / Section
Subtitle A Office of the Secretary, Department of Education 1 – 99
Parts 1-2 Parts 1-2 [Reserved]
Part 3 Official Seal 3.1 – 3.4
§ 3.1 Definitions.
§ 3.2 Description.
§ 3.3 Authority to affix seal.
§ 3.4 Use of the seal.
Part 4 Service of Process 4.1
§ 4.1 Service of process required to be served on or delivered to Secretary.
Part 5 Availability of Information to the Public 5.1 – 5.40
Subpart A General Provisions 5.1 – 5.2
Subpart B Agency Records Available to the Public 5.10 – 5.13
Subpart C Procedures for Requesting Access to Agency Records and Disclosure of Agency Records 5.20 – 5.21
Subpart D Fees 5.30 – 5.33
Subpart E Administrative Review 5.40
Part 5b Privacy Act Regulations 5b.1 – 5b.13
§ 5b.1 Definitions.
§ 5b.2 Purpose and scope.
§ 5b.3 Policy.
§ 5b.4 Maintenance of records.
§ 5b.5 Notification of or access to records.
§ 5b.7 Procedures for correction or amendment of records.
§ 5b.8 Appeals of refusals to correct or amend records.
§ 5b.9 Disclosure of records.
§ 5b.10 Parents and guardians.
§ 5b.11 Exempt systems.
§ 5b.12 Contractors.
§ 5b.13 Fees.
Appendix A to Part 5b
Employee Standards of Conduct
Appendix B to Part 5b
Routine Uses Applicable to More Than One System of Records Maintained by ED
Part 6 Inventions and Patents (General) 6.0 – 6.4
§ 6.0 General policy.
§ 6.1 Publication or patenting of inventions.
§ 6.3 Licensing of Government-owned patents.
§ 6.4 Central records; confidentiality.
Part 7 Employee Inventions 7.0 – 7.8
§ 7.0 Who are employees.
§ 7.1 Duty of employee to report inventions.
§ 7.3 Determination as to domestic rights.
§ 7.4 Option to acquire foreign rights.
§ 7.7 Notice to employee of determination.
§ 7.8 Employee's right of appeal.
Part 8 Demands for Testimony or Records in Legal Proceedings 8.1 – 8.5
§ 8.1 What is the scope and applicability of this part?
§ 8.2 What definitions apply?
§ 8.3 What are the requirements for submitting a demand for testimony or records?
§ 8.4 What procedures are followed in response to a demand for testimony?
§ 8.5 What procedures are followed in response to a demand for records?
Part 12 Disposal and Utilization of Surplus Federal Real Property for Educational Purposes 12.1 – 12.15
Subpart A General 12.1 – 12.3
Subpart B Distribution of Surplus Federal Real Property 12.4 – 12.10
Subpart C Conditions Applicable to Transfers or Leases 12.11 – 12.13
Subpart D Enforcement 12.14
Subpart E Abrogation 12.15
Appendix A to Part 12
Public Benefit Allowance for Transfer of Surplus Federal Real Property for Educational Purposes
Part 15 Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs 15.1
§ 15.1 Uniform relocation assistance and real property acquisition.
Part 21 Equal Access to Justice 21.1 – 21.61
Subpart A General 21.1 – 21.3
Subpart B Which Adversary Adjudications Are Covered? 21.10 – 21.11
Subpart C How Is Eligibility Determined? 21.20 – 21.22
Subpart D How Does One Apply for an Award? 21.30 – 21.33
Subpart E What Procedures Are Used in Considering Applications? 21.40 – 21.44
Subpart F How Are Awards Determined? 21.50 – 21.56
Subpart G How Are Awards Paid? 21.60 – 21.61
Part 30 Debt Collection 30.1 – 30.70
Subpart A General 30.1 – 30.2
Subpart B Subpart B [Reserved]
Subpart C What Provisions Apply to Administrative Offset? 30.20 – 30.35
Subpart D Subpart D [Reserved]
Subpart E What Costs and Penalties Does the Secretary Impose on Delinquent Debtors? 30.60 – 30.62
Subpart F What Requirements Apply to the Compromise of a Debt or the Suspension or Termination of Collection Action? 30.70
Subpart G Subpart G [Reserved]
Part 31 Salary Offset for Federal Employees Who Are Indebted to the United States Under Programs Administered by the Secretary of Education 31.1 – 31.11
§ 31.1 Scope.
§ 31.2 Definitions.
§ 31.3 Pre-offset notice.
§ 31.4 Request to inspect and copy documents relating to a debt.
§ 31.5 Request for hearing on the debt or the proposed offset.
§ 31.6 Location and timing of oral hearing.
§ 31.7 Hearing procedures.
§ 31.8 Rules of decision.
§ 31.9 Decision of the hearing official.
§ 31.10 Request for repayment agreement.
§ 31.11 Offset process.
Part 32 Salary Offset to Recover Overpayments of Pay or Allowances from Department of Education Employees 32.1 – 32.10
§ 32.1 Scope.
§ 32.2 Definitions.
§ 32.3 Pre-offset notice.
§ 32.4 Employee response.
§ 32.5 Pre-offset hearing—general.
§ 32.6 Request for a pre-offset hearing.
§ 32.7 Pre-offset oral hearing.
§ 32.8 Pre-offset hearing on the written submissions.
§ 32.9 Written decision.
§ 32.10 Deductions process.
Part 33 Program Fraud Civil Remedies Act 33.1 – 33.47
§ 33.1 Basis and purpose.
§ 33.2 Definitions.
§ 33.3 Basis for civil penalties and assessments.
§ 33.4 Investigation.
§ 33.5 Review by the reviewing official.
§ 33.6 Prerequisites for issuing a complaint.
§ 33.7 Complaint.
§ 33.8 Service of complaint.
§ 33.9 Answer.
§ 33.10 Default upon failure to file an answer.
§ 33.11 Referral of complaint and answer to the ALJ.
§ 33.12 Notice of hearing.
§ 33.13 Parties to the hearing.
§ 33.14 Separation of functions.
§ 33.15 Ex parte contacts.
§ 33.16 Disqualification of reviewing official or ALJ.
§ 33.17 Rights of parties.
§ 33.18 Authority of the ALJ.
§ 33.19 Prehearing conferences.
§ 33.20 Disclosure of documents.
§ 33.21 Discovery.
§ 33.22 Exchange of witness lists, statements and exhibits.
§ 33.23 Subpoenas for attendance at hearing.
§ 33.24 Protective order.
§ 33.25 Fees.
§ 33.26 Form, filing and service of papers.
§ 33.27 Computation of time.
§ 33.28 Motions.
§ 33.29 Sanctions.
§ 33.30 The hearing and burden of proof.
§ 33.31 Determining the amount of penalties and assessments.
§ 33.32 Location of hearing.
§ 33.33 Witnesses.
§ 33.34 Evidence.
§ 33.35 The record.
§ 33.36 Post-hearing briefs.
§ 33.37 Initial decision.
§ 33.38 Reconsideration of initial decision.
§ 33.39 Appeal to Department head.
§ 33.40 Stays ordered by the Department of Justice.
§ 33.41 Stay pending appeal.
§ 33.42 Judicial review.
§ 33.43 Collection of civil penalties and assessments.
§ 33.44 Right to administrative offset.
§ 33.45 Deposit in Treasury of United States.
§ 33.46 Compromise or settlement.
§ 33.47 Limitations.
Part 34 Administrative Wage Garnishment 34.1 – 34.30
§ 34.1 Purpose of this part.
§ 34.2 Scope of this part.
§ 34.3 Definitions.
§ 34.4 Notice of proposed garnishment.
§ 34.5 Contents of a notice of proposed garnishment.
§ 34.6 Rights in connection with garnishment.
§ 34.7 Consideration of objection to the rate or amount of withholding.
§ 34.8 Providing a hearing.
§ 34.9 Conditions for an oral hearing.
§ 34.10 Conditions for a paper hearing.
§ 34.11 Timely request for a hearing.
§ 34.12 Request for reconsideration.
§ 34.13 Conduct of a hearing.
§ 34.14 Burden of proof.
§ 34.15 Consequences of failure to appear for an oral hearing.
§ 34.16 Issuance of the hearing decision.
§ 34.17 Content of decision.
§ 34.18 Issuance of the wage garnishment order.
§ 34.19 Amounts to be withheld under a garnishment order.
§ 34.20 Amount to be withheld under multiple garnishment orders.
§ 34.21 Employer certification.
§ 34.22 Employer responsibilities.
§ 34.23 Exclusions from garnishment.
§ 34.24 Claim of financial hardship by debtor subject to garnishment.
§ 34.25 Determination of financial hardship.
§ 34.26 Ending garnishment.
§ 34.27 Actions by employer prohibited by law.
§ 34.28 Refunds of amounts collected in error.
§ 34.29 Enforcement action against employer for noncompliance with garnishment order.
§ 34.30 Application of payments and accrual of interest.
Part 35 Tort Claims Against the Government 35.1 – 35.10
Subpart A General 35.1
Subpart B Procedures 35.2 – 35.10
Part 36 Adjustment of Civil Monetary Penalties for Inflation 36.1 – 36.2
§ 36.1 Purpose.
§ 36.2 Penalty adjustment.
Part 60 Indemnification of Department of Education Employees 60.1 – 60.2
§ 60.1 What are the policies of the Department regarding indemnification?
§ 60.2 What procedures apply to requests for indemnification?
Part 73 Standards of Conduct 73.1 – 73.2
§ 73.1 Cross-reference to employee ethical conduct standards and financial disclosure regulations.
§ 73.2 Conflict of interest waiver.
Appendix to Part 73
Code of Ethics for Government Service
Part 75 Direct Grant Programs 75.1 – 75.910
Subpart A General 75.1 – 75.63
Subpart B Subpart B [Reserved]
Subpart C How To Apply for a Grant 75.100 – 75.192
Subpart D How Grants Are Made 75.200 – 75.264
Subpart E What Conditions Must Be Met by a Grantee? 75.500 – 75.684
Subpart F What Are the Administrative Responsibilities of a Grantee? 75.700 – 75.741
Subpart G What Procedures Does the Department Use To Get Compliance? 75.900 – 75.910
Appendix A to Part 75
Notice or Announcement of Award Opportunities
Appendix B to Part 75
Notice of Award or Contract
Appendix C to Part 75
Written Notice of Beneficiary Protections
Part 76 State-Administered Formula Grant Programs 76.1 – 76.910
Subpart A General 76.1 – 76.53
Subpart B How a State Applies for a Grant 76.100 – 76.142
Subpart C How a Grant Is Made to a State 76.201 – 76.261
Subpart D How To Apply to the State for a Subgrant 76.300 – 76.304
Subpart E How a Subgrant Is Made to an Applicant 76.400 – 76.401
Subpart F What Conditions Must Be Met by the State and Its Subgrantees? 76.500 – 76.683
Subpart G What Are the Administrative Responsibilities of the State and Its Subgrantees? 76.684 – 76.784
Subpart H How Does a State or Local Educational Agency Allocate Funds to Charter Schools? 76.785 – 76.799
Subpart I What Procedures Does the Secretary Use To Get Compliance? 76.900 – 76.910
Part 77 Definitions That Apply to Department Regulations 77.1 – 77.2
§ 77.1 Definitions that apply to all Department programs.
§ 77.2 Incorporation by reference.
Part 79 Intergovernmental Review of Department of Education Programs and Activities 79.1 – 79.13
§ 79.1 What is the purpose of these regulations?
§ 79.2 What definitions apply to these regulations?
§ 79.3 What programs and activities of the Department are subject to these regulations?
§ 79.4 What are the Secretary's general responsibilities under the Order?
§ 79.5 What is the Secretary's obligation with respect to Federal interagency coordination?
§ 79.6 What procedures apply to the selection of programs and activities under these regulations?
§ 79.7 How does the Secretary communicate with State and local officials concerning the Department's programs and activities?
§ 79.8 How does the Secretary provide States an opportunity to comment on proposed Federal financial assistance?
§ 79.9 How does the Secretary receive and respond to comments?
§ 79.10 How does the Secretary make efforts to accommodate intergovernmental concerns?
§ 79.11 What are the Secretary's obligations in interstate situations?
§ 79.12 How may a State simplify, consolidate, or substitute federally required State plans?
§ 79.13 § 79.13 [Reserved]
Part 80 Part 80 [Reserved]
Part 81 General Education Provisions Act—Enforcement 81.1 – 81.45
Subpart A General Provisions 81.1 – 81.20
Subpart B Hearings for Recovery of Funds 81.30 – 81.45
Appendix to Part 81
Illustrations of Proportionality
Part 82 New Restrictions on Lobbying 82.100 – 82.605
Subpart A General 82.100 – 82.110
Subpart B Activities by Own Employees 82.200 – 82.210
Subpart C Activities by Other Than Own Employees 82.300
Subpart D Penalties and Enforcement 82.400 – 82.410
Subpart E Exemptions 82.500
Subpart F Agency Reports 82.600 – 82.605
Appendix A to Part 82
Certification Regarding Lobbying
Appendix B to Part 82
Disclosure Form To Report Lobbying
Part 84 Governmentwide Requirements for Drug-Free Workplace (Financial Assistance) 84.100 – 84.670
Subpart A Purpose and Coverage 84.100 – 84.115
Subpart B Requirements for Recipients Other Than Individuals 84.200 – 84.230
Subpart C Requirements for Recipients Who Are Individuals 84.300 – 84.301
Subpart D Responsibilities of ED Awarding Officials 84.400
Subpart E Violations of this Part and Consequences 84.500 – 84.515
Subpart F Definitions 84.605 – 84.670
Part 86 Drug and Alcohol Abuse Prevention 86.1 – 86.411
Subpart A General 86.1 – 86.7
Subpart B Institutions of Higher Education 86.100 – 86.103
Subpart C Subpart C [Reserved]
Subpart D Responses and Sanctions Issued or Imposed by the Secretary for Violations by an IHE 86.300 – 86.304
Subpart E Appeal Procedures 86.400 – 86.411
Part 97 Protection of Human Subjects 97.101 – 97.409
Subpart A Federal Policy for the Protection of Human Subjects (Basic ED Policy for Protection of Human Research Subjects) 97.101 – 97.124
Subparts B-C Subparts B-C [Reserved]
Subpart D Additional ED Protections for Children Who Are Subjects in Research 97.401 – 97.409
Part 98 Student Rights in Research, Experimental Programs, and Testing 98.1 – 98.10
§ 98.1 Applicability of part.
§ 98.2 Definitions.
§ 98.3 Access to instructional material used in a research or experimentation program.
§ 98.4 Protection of students' privacy in examination, testing, or treatment.
§ 98.5 Information and investigation office.
§ 98.6 Reports.
§ 98.7 Filing a complaint.
§ 98.8 Notice of the complaint.
§ 98.9 Investigation and findings.
§ 98.10 Enforcement of the findings.
Part 99 Family Educational Rights and Privacy 99.1 – 99.67
Subpart A General 99.1 – 99.8
Subpart B What Are the Rights of Inspection and Review of Education Records? 99.10 – 99.12
Subpart C What Are the Procedures for Amending Education Records? 99.20 – 99.22
Subpart D May an Educational Agency or Institution Disclose Personally Identifiable Information From Education Records? 99.30 – 99.39
Subpart E What Are the Enforcement Procedures? 99.60 – 99.67
Appendix A to Part 99
Crimes of Violence Definitions