Reading Federal Statutes and Regulations

What’s the Difference? (These principles apply to review state statutes & regulations, also.) 

• Statutes: These are laws passed by Congress. They lay out the broad legal framework (e.g., HEA)
  Example: A statute might say the U.S. Department of Education must create rules for federal financial aid.
• Regulations: These are the detailed rules written by federal agencies to explain how the statute is applied.
  Example: Regulations explain what disclosures are required to prospective and enrolled students.

Where to Find Them (You don’t have to memorize these. Just know where to look and how to read them.)

• Statutes: Found in the United States Code (U.S.C.), especially Title 20 for education.
  Example citation: 20 U.S.C. § 1091
• Regulations: Found in the Code of Federal Regulations (CFR). For ED, it’s mostly in Title 34.
  Example citation: 34 CFR § 600.9

How to Read a Regulation Step by Step (Read one small section at a time—don’t try to digest it all at once.)

1. Start with the Section Number (Example: 34 CFR § 600.9

• 34 = Title (Education)
• 600 = Part (Institutional Eligibility)
• .9= Specific rule (State Authorization)

2. Break It into Parts

Most sections are organized like this:

• (a), (b), (c) = Main requirements
• (1), (2), (3) = Details or conditions
• (i), (ii), (iii) = Even more specific

What to Look For

• Who does this apply to? (e.g., all institutions, only for-profits, etc.)
• What must be done or avoided? (requirements or restrictions)
• When must action be taken? (deadlines or frequency)
• How must it be done? (formats, forms, data, processes)
• Consequences for not complying? (penalties, loss of aid, reporting)

Plain Language Tips

• Look for “must” = Required
• Look for “may” = Optional
• If it’s confusing, read the example or preamble in the Federal Register (when available)
• Ask: “What is this rule trying to make sure happens?”

Primary v. Secondary Authority

• A statute, regulation, or judicial opinion is primary authority providing the legal language.
• Analysis by organizations, ED Fact Sheets, and website resources are examples of secondary authority.
• Someone at the institution must be identified to read the actual primary authority to ensure compliance.
  • Words and nuance matter in order to be compliant.

Where to Get Help

• ED.gov or Federal Student Aid Handbook often breaks down rules in practical terms.
• Your institution’s legal counsel or policy team can help interpret complex sections.
• Don’t forget networks like SAN, WCET, NASFAA, and law firm publications for analysis and summaries.

For more details about legal authority and more tips about reading rules, please review the chart indicating Legal Authority of Policy Elements and the American Bar Association (ABA):  Five Tips for Reading Legislation and Code.

Note: This resource was created by the State Authorization Network (SAN) a network of WCET. Regulatory language and references are subject to change. The information should not be considered legal advice. Legal questions should be directed to legal counsel.