20 U.S.C. § 1406

Requirements for prescribing regulations

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 20 CasesGoogle Scholar

(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 childrenThe 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 statementsThe 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 assurancesAny 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 informationFor 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.)Editorial NotesPrior Provisions

A prior section 1406, Pub. L. 91–230, title VI, § 607, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 47, related to requirements for prescribing regulations, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446.

Another section 1406, Pub. L. 91–230, title VI, § 607, as added Pub. L. 94–142, § 6(a), Nov. 29, 1975, 89 Stat. 795; amended Pub. L. 98–199, §§ 3(b), 5, Dec. 2, 1983, 97 Stat. 1358; Pub. L. 99–457, title IV, § 401, Oct. 8, 1986, 100 Stat. 1172; Pub. L. 100–630, title I, § 101(c), Nov. 7, 1988, 102 Stat. 3290, related to grants for removal of architectural barriers, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17.

Notes of Decisions

Cited in 25 cases (5 in the last 5 years), 2001–2026 · leading case: Petit v. United States Dep't of Educ., 675 F.3d 769 (D.C. Cir. 2012).

Sort: Relevance Newest Treatment

Petit v. United States Dep't of Educ., 675 F.3d 769 (D.C. Cir. 2012). · cites it 10× “Second, Appellants point to 20 U.S.C. § 1406 (b)(2), which provides that "[t]he Secretary may not implement.”

Schaffer Ex Rel. Schaffer v. Weast, 546 U.S. 49 (2005). · cites it 2× “, if nonuniformity or a particular state approach were to prove problematicthe Federal Department of Education, expert in the area, might promulgate a uniform federal standard, thereby limiting state choice.”

Indep. Sch. Dist. No. 12 v. Minnesota Dep't of Educ., 788 N.W.2d 907 (Minn. 2010). · cites it 8× “20 U.S.C. § 1406 (a) (2006). The Secretary may not implement or publish a regulation or issue a policy letter or other statement that violates or contradicts IDEA.”

Phillip C. Ex Rel. A.C. v. Jefferson Cnty. Bd. of Educ., 701 F.3d 691 (11th Cir. 2012). · cites it 5× “§ 1406 (b)(2), expressly requires the Secretary of Education to preserve any IDEA regulation that existed as of July 20, 1983 and provided protection for children: *696 The Secretary may not implement, or publish in final form, any regulation prescribed pursuant to this chapter…”

Marshall Jt. Sch. Dist. No. 2 v. C.D. Ex Rel. Brian & Traci D., 616 F.3d 632 (7th Cir. 2010). · cites it 2× “20 U.S.C. §§ 1406 , 1401(26) (related services are meant to "assist a child with a disability to benefit from special education.”

G.L. v. Ligonier Valley Sch. Dist. Auth., 802 F.3d 601 (3rd Cir. 2015). “The Department of Education’s Regulation and Interpretation The DOE, the federal agency charged with promulgating regulations for the IDEA, see 20 U.S.C. § 1406 , agrees that §'1415(b)(6)(B) and § 1415(f)(3)(C) state the same limitations period.”

W.R. v. State of Ohio Health Dep't, 651 F. App'x 514 (6th Cir. 2016). · cites it 2× “” 20 U.S.C. § 1406 (a). Following the IDEA’S procedural requirements under 20 U.”

E.M. Ex Rel. E.M. v. Pajaro Valley Unified Sch. Dist. Off. of Admin. Hearings, 758 F.3d 1162 (9th Cir. 2014). “See 20 U.S.C. §§ 1406 ,1416. 10 In 1991, the DOE issued a Joint Policy Memorandum that explained that a child with attention deficit disorder or attention deficit hyperactivity disorder might qualify for special education benefits under one of three categories of the IDEA’S…”

T.R. v. Sch. Dist. of Philadelphia, 223 F. Supp. 3d 321 (E.D. Pa. 2016). “See § 20 U.S.C. § 1406 . As such, the DOJ Guidelines are not entitled to deference in the IDEA context.”

Petit v. U.S. Dep't of Educ., 756 F. Supp. 2d 11 (D.D.C. 2010). · cites it 5× “The Secretary’s authority to promulgate regulations is governed by 20 U.S.C. §§ 1406 (a)(b), which state as follows: (a) In general: In carrying out the provisions of this chapter, the Secretary shall issue regulations under the chapter only to the extent that such regulations…”

Petit v. United States Dep't of Educ., 578 F. Supp. 2d 145 (D.D.C. 2008). · cites it 2× “fically, they claim that by excluding cochlear implant mapping from the definition of “related services” provided under IDEA, the defendants “enacted regulations that were not necessary to ensure compliance with the statute, that violated and contradicted provisions of IDEA, and…”

Lillbask Ex Rel. Mauclaire v. Sergi, 193 F. Supp. 2d 503 (D. Conn. 2002). “See 20 U.S.C. § 1406 (f)(1) (“[a]ny written response by the Secretary under subsection (e) regarding a policy, question, or interpretation .”

Show all 25 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.