July 2, 2012 Title 34 Education Parts 1 to 299 Revised as of July 1 ...

July 2, 2012








Title 34
Education
Parts 1 to 299
Revised as of July 1, 2012
Containing a codification of documents of general applicability and
future effect
As of July 1, 2012


Published by the Office of the Federal Register National
Archives and Records Administration as a Special Edition of the
Federal Register








U.S. GOVERNMENT OFFICIAL EDITION NOTICE
Legal Status and Use of Seals and Logos


e:\seals\archives.ai


The seal of the National Archives and Records Administration (NARA)
authenticates the Code of Federal Regulations (CFR) as the official
codification of Federal regulations established under the Federal
Register Act. Under the provisions of 44 U.S.C. 1507, the contents
of the CFR, a special edition of the Federal Register, shall be
judicially noticed. The CFR is prima facie evidence of the original
documents published in the Federal Register (44 U.S.C. 1510).
It is prohibited to use NARA's official seal and the stylized Code
of Federal Regulations logo on any republication of this material
without the express, written permission of the Archivist of the
United States or the Archivist's designee. Any person using NARA's
official seals and logos in a manner inconsistent with the
provisions of 36 CFR part 1200 is subject to the penalties
specified in 18 U.S.C. 506, 701, and 1017.
Use of ISBN Prefix
This is the Official U.S. Government edition of this publication
and is herein identified to certify its authenticity. Use of the 0-
16 ISBN prefix is for U.S. Government Printing Office Official
Editions only. The Superintendent of Documents of the U.S.
Government Printing Office requests that any reprinted edition
clearly be labeled as a copy of the authentic work with a new ISBN.




e:\seals\gpologo.eps


U . S . G O V E R N M E N T P R I N T I N G O F F I C E
U.S. Superintendent of Documents . Washington, DC 20402-0001
http://bookstore.gpo.gov
Phone: toll-free (866) 512-1800; DC area (202) 512-1800






Table of Contents
Page


Explanation
v




Title 34:


SUBTITLE A-Office of the Secretary, Department of Education
3




SUBTITLE B-Regulations of the Offices of the Department of
Education




Chapter I-Office for Civil Rights, Department of Education
313




Chapter II-Office of Elementary and Secondary Education,
Department of Education
419






Finding Aids:
Table of CFR Titles and Chapters
605
Alphabetical List of Agencies Appearing in the CFR
625
List of CFR Sections Affected
635










Cite this Code:
CFR




To cite the regulations in this volume use title, part and
section number. Thus,
34 CFR 3.1
refers to title 34, part 3, section 1.








Explanation
The Code of Federal Regulations is a codification of the general
and permanent rules published in the Federal Register by the
Executive departments and agencies of the Federal Government. The
Code is divided into 50 titles which represent broad areas subject
to Federal regulation. Each title is divided into chapters which
usually bear the name of the issuing agency. Each chapter is
further subdivided into parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:


Title 1 through Title 16
as of January 1
Title 17 through Title 27
as of April 1
Title 28 through Title 41
as of July 1
Title 42 through Title 50
as of October 1


The appropriate revision date is printed on the cover of each
volume.


LEGAL STATUS
The contents of the Federal Register are required to be
judicially noticed (44 U.S.C. 1507). The Code of Federal
Regulations is prima facie evidence of the text of the original
documents (44 U.S.C. 1510).




HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the
individual issues of the Federal Register. These two
publications must be used together to determine the latest
version of any given rule.
To determine whether a Code volume has been amended since its
revision date (in this case, July 1, 2012), consult the "List
of CFR Sections Affected (LSA)," which is issued monthly, and
the "Cumulative List of Parts Affected," which appears in the
Reader Aids section of the daily Federal Register. These two
lists will identify the Federal Register page number of the
latest amendment of any given rule.




EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the
Federal Register since the last revision of that volume of the
Code. Source citations for the regulations are referred to by
volume number and page number of the Federal Register and date
of publication. Publication dates and effective dates are
usually not the same and care must be exercised by the user in
determining the actual effective date. In instances where the
effective date is beyond the cut-off date for the Code a note
has been inserted to reflect the future effective date. In those
instances where a regulation published in the Federal Register
states a date certain for expiration, an appropriate note will
be inserted following the text.




OMB CONTROL NUMBERS


The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their
information collection request.


Many agencies have begun publishing numerous OMB control
numbers as amendments to existing regulations in the CFR.
These OMB numbers are placed as close as possible to the
applicable recordkeeping or reporting requirements.






OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated
on the cover of each volume are not carried. Code users may find
the text of provisions in effect on a given date in the past by
using the appropriate numerical list of sections affected. For
the period before January 1, 2001, consult either the List of
CFR Sections Affected, 1949-1963, 1964-1972, 1973-1985, or 1986-
2000, published in eleven separate volumes. For the period
beginning January 1, 2001, a "List of CFR Sections Affected" is
published at the end of each CFR volume.




"[RESERVED]" TERMINOLOGY
The term "[Reserved]" is used as a place holder within the Code
of Federal Regulations. An agency may add regulatory information
at a "[Reserved]" location at any time. Occasionally
"[Reserved]" is used editorially to indicate that a portion of
the CFR was left vacant and not accidentally dropped due to a
printing or computer error.




INCORPORATION BY REFERENCE


What is incorporation by reference?
Incorporation by reference was established by statute and
allows Federal agencies to meet the requirement to publish
regulations in the Federal Register by referring to materials
already published elsewhere. For an incorporation to be
valid, the Director of the Federal Register must approve it.
The legal effect of incorporation by reference is that the
material is treated as if it were published in full in the
Federal Register (5 U.S.C. 552(a)). This material, like any
other properly issued regulation, has the force of law.




What is a proper incorporation by reference?
The Director of the Federal Register will approve an
incorporation by reference only when the requirements of 1
CFR part 51 are met. Some of the elements on which approval
is based are:


(a) The incorporation will substantially reduce the volume of
material published in the Federal Register.
(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the
administrative process.
(c) The incorporating document is drafted and submitted for
publication in accordance with 1 CFR part 51.


What if the material incorporated by reference cannot be
found?
If you have any problem locating or obtaining a copy of
material listed as an approved incorporation by reference,
please contact the agency that issued the regulation
containing that incorporation. If, after contacting the
agency, you find the material is not available, please notify
the Director of the Federal Register, National Archives and
Records Administration, 8601 Adelphi Road, College Park, MD
20740-6001, or call 202-741-