Wednesday, January 23, 2008

Example 1: relationship between Federal Statute, Fed. Regulation and the state

Here is an example of how Congress enacts a law, which then authorizes or mandates the Secretary of Education to act. the Secretary's actions can be codified in 34 CFR.
The secretary can then authorize or mandate the State Educational Agencies (SEAs) or Local Educational Agencies (LEAs) to act.
Our Staring Point: 20 USC 1417 (e)

Congress authorizes the Secretary of education…..

(e) Model forms

Not later than the date that the Secretary publishes final regulations under this chapter, to implement amendments made by the Individuals with Disabilities Education Improvement Act of 2004, the Secretary shall publish and disseminate widely to States, local educational agencies, and parent and community training and information centers—

(1) a model IEP form;

(2) a model individualized family service plan (IFSP) form;

(3) a model form of the notice of procedural safeguards described in section 1415 (d) of this title; and

(4) a model form of the prior written notice described in subsections (b)(3) and (c)(1) of section 1415 of this title that is consistent with the requirements of this subchapter and is sufficient to meet such requirements.

The Secretary then creates Rules for how this is to be done. In this case, The Secretary gives authority and mandates to the State and Local education Agencies…


[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR300.509]
 
[Page 81]
 
                           TITLE 34--EDUCATION
 
 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, 
                         DEPARTMENT OF EDUCATION
 
PART 300_ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN 
WITH DISABILITIES--Table of Contents
 
 Subpart E_Procedural Safeguards Due Process Procedures for Parents and 
                                Children
 
Sec. 300.509  Model forms.
 
    (a) Each SEA must develop model forms to assist parents and public 
agencies in filing a due process complaint in accordance with Secs. 
300.507(a) and 300.508(a) through (c) and to assist parents and other 
parties in filing a State complaint under Secs. 300.151 through 
300.153. However, the SEA or LEA may not require the use of the model 
forms.
    (b) Parents, public agencies, and other parties may use the 
appropriate model form described in paragraph (a) of this section, or 
another form or other document, so long as the form or document that is 
used meets, as appropriate, the content requirements in Sec. 300.508(b) 
for filing a due process complaint, or the requirements in Sec. 
300.153(b) for filing a State complaint.
 
(Authority: 20 U.S.C. 1415(b)(8))

How do the Regulations then manifest themselves? By placement of web pages, where they’re widely accessible.



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