§ 1406. Requirements for prescribing regulations
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(a)In general In carrying out the provisions of this chapter, the Secretary shall issue regulations under this chapter only to the extent that such regulations are necessary to ensure that there is compliance with the specific requirements of this chapter.
(b)Protections provided to children The Secretary may not implement, or publish in final form, any regulation prescribed pursuant to this chapter that—
(1)violates or contradicts any provision of this chapter; or
(2)procedurally or substantively lessens the protections provided to children with disabilities under this chapter, as embodied in regulations in effect on July 20, 1983 (particularly as such protections related to parental consent to initial evaluation or initial placement in special education, least restrictive environment, related services, timelines, attendance of evaluation personnel at individualized education program meetings, or qualifications of personnel), except to the extent that such regulation reflects the clear and unequivocal intent of Congress in legislation.
(c)Public comment period The Secretary shall provide a public comment period of not less than 75 days on any regulation proposed under subchapter II or subchapter III on which an opportunity for public comment is otherwise required by law.
(d)Policy letters and statements The Secretary may not issue policy letters or other statements (including letters or statements regarding issues of national significance) that—
(1)violate or contradict any provision of this chapter; or
(2)establish a rule that is required for compliance with, and eligibility under, this chapter without following the requirements of section 553 of title 5.
(e)Explanation and assurances Any written response by the Secretary under subsection
(d)regarding a policy, question, or interpretation under subchapter II shall include an explanation in the written response that—
(1)such response is provided as informal guidance and is not legally binding;
(2)when required, such response is issued in compliance with the requirements of section 553 of title 5; and
(3)such response represents the interpretation by the Department of Education of the applicable statutory or regulatory requirements in the context of the specific facts presented.
(f)Correspondence from Department of Education describing interpretations of this chapter
(1)In general The Secretary shall, on a quarterly basis, publish in the Federal Register, and widely disseminate to interested entities through various additional forms of communication, a list of correspondence from the Department of Education received by individuals during the previous quarter that describes the interpretations of the Department of Education of this chapter or the regulations implemented pursuant to this chapter.
(2)Additional information For each item of correspondence published in a list under paragraph (1), the Secretary shall—
(A)identify the topic addressed by the correspondence and shall include such other summary information as the Secretary determines to be appropriate; and
(B)ensure that all such correspondence is issued, where applicable, in compliance with the requirements of section 553 of title 5.
(Pub. L. 91–230, title VI, § 607, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2659.)
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statutes-at-large
- Public Law 94–142To amend the Education of the Handicapped Act to provide educational assistance to all handicapped children, and for other purposes
- Public Law 108–446To reauthorize the Individuals with Disabilities Education Act, and for other purposes
- Public Law 99–457To amend the Education of the Handicapped Act to reauthorize the discretionary programs under that Act, to authorize an early intervention program under that Act for handicapped infants and toddlers and their families, and for other purposes
- Public Law 105–17To amend the Individuals with Disabilities Education Act, to reauthorize and make improvements to that Act, and for other purposes
- Public Law 94–439Making appropriations for the Departments of Labor, and Health
- Public Law 100–630To make certain technical and conforming amendments to the Education of the Handicapped Act and the Rehabilitation Act of 1973, and for other purposes
- Public Law 98–199To revise and extend the Education of the Handicapped Act, and for other purposes
- Public Law 98–8Making appropriations to provide productive employment for hundreds of thousands of jobless Americans, to hasten or initiate Federal projects and construction of lasting value to the Nation and its citizens, and to provide humanitarian assistance to the indigent for fiscal year 1983, and for other p
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15 references not yet in our index
- Pub. L. 91–230, title VI, § 607
- Pub. L. 108–446, title I, § 101
- 118 Stat. 2659
- Pub. L. 105–17, title I, § 101
- 111 Stat. 47
- Pub. L. 108–446
- Pub. L. 94–142, § 6(a)
- 89 Stat. 795
- Pub. L. 98–199
- 97 Stat. 1358
- Pub. L. 99–457, title IV, § 401
- 100 Stat. 1172
- Pub. L. 100–630, title I, § 101(c)
- 102 Stat. 3290
- Pub. L. 105–17
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§ 1406
Requirements for prescribing regulations
Stat.×8
Fed. Reg.×7
Stat. Comp.×1
U.S.C.×1
Pub. L.Pub. L. 91–230, title VI, § 607
Pub. L.Pub. L. 108–446, title I, § 101
Stat.118 Stat. 2659
Pub. L.Pub. L. 105–17, title I, § 101
Stat.111 Stat. 47
Cites 16 · showing 6Cited by 17 across 4 sources