20 U.S.C. § 3474
Rules and regulations
The Secretary is authorized to prescribe such rules and regulations as the Secretary determines necessary or appropriate to administer and manage the functions of the Secretary or the Department.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2015–2025 · leading case: Ass'n of Private Sector Colleges & Universities v. Duncan, 110 F. Supp. 3d 176 (D.D.C. 2015).
Ass'n of Private Sector Colleges & Universities v. Duncan, 110 F. Supp. 3d 176 (D.D.C. 2015). “§ 1221e-3 and 20 U.S.C. § 3474 . The former gives the Department broad authority “to make, promulgate, issue, rescind, and amend rules and regulations governing the manner of operation of, and governing the applicable programs administered by, the Department.”
Secular Student All. v. U.S. Dep't of Educ. (D.D.C. 2025). “§ 1221e-3 and 20 U.S.C. § 3474 . Under section 1221e-3: The Secretary, in order to carry out functions otherwise vested in the Secretary by law or by delegation of authority pursuant to law, and subject to limitations as may be otherwise imposed by law, is authorized to make,…”
Nat'l Ass'n for the Advancement of Colored People v. Devos (D.D.C. 2020). “39,481 : first, the power to make rules “governing the applicable programs administered by[] the department,” 20 U.S.C. § 1221e-3; and second, the power to make rules “as the Secretary determines necessary or appropriate to administer and manage the functions of the Secretary or…”
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