United States · regulation · 34 CFR · 3,157 active provisions
For the purposes of this part: (a) ED means all organizational units of the Department of Education. (b) Embossing Seal means a display of the form and content of the Official Seal made on a die so that the Seal can be embossed on paper or other media. (c) Official Seal means the original(s) of the Seal showing the exa…
The Official Seal of the Department of Education is described as follows: Standing upon a mound, an oak tree with black trunk and limbs and green foliage in front of a gold rising sun, issuing gold rays on a light blue disc, enclosed by a dark blue border with gold edges bearing the inscription “DEPARTMENT OF EDUCATION…
The Secretary and the Secretary's designees are authorized to affix the Official Seal, replicas, reproductions, and embossing seals to appropriate documents, certifications, and other material for all purposes as authorized by this section.
(a) Use by any person or organization outside of the Department may be made only with the Department's prior written approval. (b) Requests by any person or organization outside of the Department for permission to use the Seal must be made in writing to Director of Public Affairs, U.S. Department of Education, 400 Mary…
Summons, complaints, subpoenas, and other process which are required to be served on or delivered to the Secretary of Education shall be delivered to the General Counsel or a Deputy General Counsel, by mail at 400 Maryland Avenue SW., Washington, DC 20202 or by personal service at that address. The persons above design…
This part contains the regulations that the United States Department of Education follows in processing requests for records under the Freedom of Information Act, as amended, 5 U.S.C. 552. These regulations must be read in conjunction with the FOIA, including its exemptions to disclosure, and, when appropriate, in conj…
As used in this part: (a) Act or FOIA means the Freedom of Information Act, as amended, 5 U.S.C. 552. (b) Department means the United States Department of Education. (c) Component means each separate bureau, office, board, division, commission, service, administration, or other organizational entity of the Department.…
(a) Electronic inspection. (1) Pursuant to 5 U.S.C. 552(a)(2), the Department makes available for public inspection in an electronic format the following records created on or after November 1, 1996: (i) Final opinions and orders in adjudications; (ii) Statements of policy and interpretations adopted by the Department…
(a) General. The Department discloses business information it obtains from a submitter under the Act in accordance with this section. (b) Definitions. For purposes of this section: (1) Business information means commercial or financial information obtained by the Department from a submitter that may be protected from d…
In response to a FOIA request, the Department produces only those agency records that are not already publicly available and that are in existence at the time it receives a request. The Department does not create new agency records in response to a FOIA request by, for example, extrapolating information from existing a…
The Department does not destroy agency records that are the subject of a pending FOIA request, appeal, or lawsuit.
(a) Making a FOIA request. Any FOIA request for an agency record must be in writing, must include a valid electronic mail or physical address, and must be transmitted to the Department as indicated on the Department's website. See www.ed.gov/policy/gen/leg/foia/request_foia.html. (b) Description of agency records sough…
(a) Acknowledgements of FOIA requests. The Department promptly notifies the requester when it receives a FOIA request. (b) Consultation and referrals. When the Department receives a FOIA request for a record or records created by or otherwise received from another agency of the Federal Government, it either responds to…
The Department assesses fees for processing FOIA requests in accordance with § 5.32(a), except where fees are limited under § 5.32(b) or where a waiver or reduction of fees is granted under § 5.33. Requesters must pay fees by check or money order made payable to the U.S. Department of Education, and must include the FO…
(a) Commercial use request means a request from or on behalf of a FOIA requester seeking information for a use or purpose that furthers the requester's commercial, trade, or profit interests, which can include furthering those interests through litigation. For the purpose of assessing fees under the Act, the Department…
(a) Fees. In responding to FOIA requests, the Department charges the following fees (in accordance with the Office of Management and Budget's “Uniform FOIA Fee Schedule and Guidelines,” 52 FR 10012 (March 27, 1987)), unless it has granted a waiver or reduction of fees under § 5.33 and subject to the limitations set for…
(a) The Department processes a FOIA request for agency records without charge or at a charge less than that established under § 5.32(a) when the Department determines that— (1) Disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of t…
(a) In general. A requester may seek an administrative review of an adverse determination on the FOIA request made by the requester by submitting an appeal of the determination to the Department. Adverse determinations include denials of access to agency records, in whole or in part; “no agency records” responses; and…
As used in this part: (a) Access means availability of a record to a subject individual. (b) Agency means the Department of Education. (c) Department means the Department of Education. (d) Disclosure means the availability or release of a record to anyone other than the subject individual. (e) Individual means a living…
(a) This part implements section 3 of the Privacy Act of 1974, 5 U.S.C. 552a (hereinafter referred to as the Act), by establishing agency policies and procedures for the maintenance of records. This part also establishes agency policies and procedures under which a subject individual may be given notification of or acc…
It is the policy of the Department to protect the privacy of individuals to the fullest extent possible while nonetheless permitting the exchange of records required to fulfill the administrative and program responsibilities of the Department, and responsibilities of the Department for disclosing records which the gene…
(a) No record will be maintained by the Department unless: (1) It is relevant and necessary to accomplish a Department function required to be accomplished by statute or Executive Order; (2) It is acquired to the greatest extent practicable from the subject individual when maintenance of the record may result in a dete…
(a) Times, places, and manner of requesting notification of or access to a record. (1) Any individual may request notification of a record. He may at the same time request access to any record pertaining to him. An individual may be accompanied by another individual of his choice when he requests access to a record in…
(a) Any subject individual may request that his record be corrected or amended if he believes that the record is not accurate, timely, complete, or relevant or necessary to accomplish a Department function. A subject individual making a request to amend or correct his record shall address his request to the responsible…
(a) Processing the appeal. (1) A subject individual who disagrees with a refusal to correct or amend his record may appeal the refusal in writing. All appeals shall be made to the Secretary. (2) An appeal will be completed within 30 working days from its receipt by the appeal authority; except that, the appeal authorit…