20 U.S.C. § 1406 : US Code - Section 1406: Requirements for prescribing regulations

Search 20 U.S.C. § 1406 : US Code - Section 1406: Requirements for prescribing regulations

(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.