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Education of Students with Disabilities : Federal and State Laws: Federal Laws

Federal Statutes

The CFR

Code of Federal Regulations (CFR)

The CFR is an official compilation of codified regulations.

It is arranged by subject, analogous to US Code.  However, CFR Title numbers do not always match USC Title numbers. [e.g., 26 USC – Internal Revenue Code and 26 CFR – tax regulations; but 20 USC – Education and 34 CFR – education regulations.]


The first edition published in 1939 (for regulations in effect as of 6/1/38). Paperbound volumes published annually (since 1967). US Office of the Federal Register revises CFR on quarterly basis – January 1st – Titles 1-16; July 1st – Titles 28-41; April 1st – Titles 17-27 October 1st – Titles 42-50.

Available from:

  • eCFR - The Electronic Code of Federal Regulations (e-CFR) is a currently updated version of the Code of Federal Regulations (CFR).

 

Division of CFR's Fifty Titles:

  • Titles divided into Chapters – Chapters designated to Agencies; numbered with roman numerals; Chapters sometimes have Subchapters, designated by capital letters.
  • (b)  Chapters divided into Parts.
  • (c)  Parts divided into Sections; Parts sometimes have Subparts.

         CFR sections are often inter-related.  Even if one has a cite to a particular Section, one may want to review the rest of the Sections in that Part.

Each CFR Part has:

  • (a)  Authority Note – generally, at “beginning” of each Part (i.e., at end of Part’s table of contents, before actual text begins); statutory/executive enabling authority under which regulations issued.
  • (b)  Source Notes – at end of each Section in Part; citation and date of Federal Register in which Section last published in full.

CFR Index and Finding Aids published annually. Not comprehensive, and usually refers to Parts, not Sections within Parts.  Includes Parallel Table of Authorities and Rules.

U.S. Supreme Court Case

Medicaid Waivers

Waivers are the third prong of the federal Medicaid program. They allow states to waive the income qualification requirements for certain certain children and adults, so that they can live at home instead of being institutionalized.

Federal Laws on Special Education

Key sections of IDEA are below:

All students eligible for protection under the IDEA are also eligible for the protections of the Rehabilitation Act, which is part of the Americans with Disabilities Act. The Office for Civil Rights (OCR), part of the United States Department of Education, is charged with enforcing anti-discrimination laws. The relevant section of the Rehabilitation Act can be accessed below:

Federal Regulations on Special Education

Some key sections of 34 CFR Part 300 are below:

Implementing regulations for the Rehabilitation Act (29 USC Sec. 794) as it applies to special education can be accessed below:

Treaties