[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR5.13]

[Page 7-8]
 
                           TITLE 34--EDUCATION
 
PART 5_AVAILABILITY OF INFORMATION TO THE PUBLIC PURSUANT TO 
PUB. L. 90-23--Table of Contents
 
                  Subpart B_What Records Are Available
 
Sec. 5.13  Records available.

    (a) Publication in the Federal Register. The following shall be 
published in the Federal Register:
    (1) Descriptions of the Department's central and field organization 
and the established places at which, the officers from whom, and the 
methods whereby, the public may secure information, make submittals or 
requests, or obtain decisions;
    (2) Statements of the general course and method by which the 
Department's

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functions are channeled and determined, including the nature and 
requirements of all formal and informal procedures available;
    (3) Rules of procedures, descriptions of forms available or the 
places at which forms may be obtained, and instructions as to the scope 
and contents of all papers, reports, or examinations;
    (4) Substantive rules of general applicability adopted as authorized 
by law, and statements of general policy or interpretations of general 
applicability formulated and adopted by the Department;
    (5) Every amendment, revision, or repeal of the foregoing.
    (b) Agency opinions and orders. The Department shall, in accordance 
with this part and applicable regulations, make available for public 
inspection and copying:
    (1) All final opinions (including concurring and dissenting 
opinions) and all orders made in the adjudication of cases (initial 
decisions and reconsiderations thereof in matters that are not the 
result of administrative proceedings such as hearings or formal appeals 
are not ``opinions and orders in the adjudication of cases'');
    (2) Those statements of policy and interpretations which have been 
adopted by the agency and are not published in the Federal Register;
    (3) Administrative staff manuals and instructions to staff that 
affect any member of the public;

unless such materials are promptly published and copies offered for 
sale.

The Department shall maintain and make available for public inspection 
and copying current indexes providing identifying information for the 
public as to any matter which is issued, adopted, or promulgated after 
July 4, 1967, and which is required by this paragraph (b) to be 
published or made available.
    (c) Availability of records on request. In addition to the records 
made available pursuant to paragraphs (a) and (b) of this section, the 
Department shall, upon request for identifiable records made in 
accordance with this part, make such records available to any person, 
unless it is determined that such records must be withheld from 
disclosure and are exempt under subsection (b) of the Act and subpart F 
of this part.