Why You Need to Read The Federal Register
How many times have you read IDEA & wondered what it really means—or whether your interpretation is correct? The Federal Register can help you confirm your understanding & offer additional insights.
How many times have you read Individuals with Disabilities Education Act (IDEA) and wondered what it really means—or whether your interpretation is correct?
The Federal Register can help you confirm your understanding and offer additional insights.
[I know what follows is on the dry side, but hope you’ll stick with me on this one. Reading The Federal Register can be a game changer.]
What Is The Federal Register?
The Federal Register is the U.S. government's official daily publication for rules, proposed rules, and notices of federal agencies and organizations, as well as executive orders and other presidential documents. Think of it like a daily newspaper where the federal government publishes new information, upcoming events, and explanations of how it sees laws working in the real world.
It publishes:
Executive orders and presidential documents
Proposed and final rules and regulations
Notices from federal agencies and organizations
In special education, this includes IDEA and Section 504 regulations and policy guidance issued by U.S. Department of Education (USDOE) and its Office of Special Education Programs (OSEP).
Why The Federal Register Is Legally Significant
The Federal Register—particularly the “Analysis of Comments and Changes” sections—is a key interpretive tool in special education law.
When agencies develop regulations, they must publish proposed rules in The Federal Register and allow the public to comment. After reviewing public comments for proposed rules, the final regulations are published in The Federal Register with an "Analysis of Comments and Changes" section.
This section is legally important because it helps clarify the agency’s intentions and assists courts and hearing officers in applying the law. Specifically, it:
Shares public feedback received
Documents how the agency interpreted public feedback
Clarifies agency intent and application of IDEA and Section 504 (and other laws)
Explains changes made to the proposed rule
Clarifies how the regulation should be implemented in practice
These analyses serve as official interpretive guidance. Because they are part of the formal rulemaking record under Administrative Procedure Act, they are considered authoritative and citable in legal proceedings. In practical terms, this means that parents can use these explanations when advocating at IEP meetings, filing state complaints, or preparing for due process hearings.
For example, August 14, 2006, USDOE published regulations that were “needed to implement changes made to the Individuals with Disabilities Education Act, as amended by the Individuals with Disabilities Education Improvement Act of 2004 (Act or IDEA).” (Yes, although the Act was reauthorized in 2004, the final regulations and comments weren’t published until 2006.) The published regulation and comments include comments and discussion such as the following:
Comment: One commenter requested that language be added to §300.106(b)(1)(i) to clarify that providing ESY services to a child with a disability beyond the normal school year includes, but is not limited to, before and after regular school hours, on weekends, and during regular school vacations.
Discussion: Typically, ESY services are provided during the summer months. However, there is nothing in §300.106 that would limit a public agency from providing ESY services to a child with a disability during times other than the summer, such as before and after regular school hours or during school vacations, if the IEP Team determines that the child requires ESY services during those time periods in order to receive FAPE. The regulations give the IEP Team the flexibility to determine when ESY services are appropriate, depending on the circumstances of the individual child.
Changes: None.
Although no changes were made, this discussion of the public comment clarified that ESY services are not limited to summer months. In states like Virginia (my neck of the woods)—where schools have restricted ESY to summer—this explanation gives parents a legal foundation to push for services during other breaks, and before/after school during the school year. The comment, discussion, and agency’s response are all part of the record.
Though U.S. Supreme Court may not frequently cite The Federal Register directly, its contents are regularly used in due process hearings, state complaints, and lower court rulings to explain how laws like IDEA and Section 504 are expected to function. Below are specific examples from a circuit court opinion, a state complaint letter of findings (LOF), and a local education agency guidance document.
Circuit Court Decision: Moorestown Township Board of Education v. S.D. and C.D. on behalf of M.D.
In this case related to IDEA, District Judge Renee Marie Bumb cited The Federal Register and the role of its commentary section in clarifying:
"When an agency interprets its own regulations, a very deferential standard applies; such an interpretation is "controlling unless plainly erroneous or inconsistent with the regulation." Fed. Express Corp. v. Holowecki, 552 U.S. 389, 397, 128 S.Ct. 1147, 170 L.Ed.2d 10 (2008) ("Just as we defer to an agency's reasonable interpretations of the statute when it 1074*1074 issues regulations in the first instance, see Chevron, the agency is entitled to further deference when it adopts a reasonable interpretation of regulations it has put in force."); Auer v. Robbins, 519 U.S. 452, 461, 117 S.Ct. 905, 137 L.Ed.2d 79 (1997); Rupert v. PPG Indus., Inc., Civ. Action Nos. 07-705, 08-616, 2009 WL 596014, *41 n. 5 (W.D.Pa. Feb. 26, 2009) (applying Auer deference to federal agency's commentary, which explained final rule and was published with rule in Federal Register). Since the above commentary comports with the agency's regulations, the Court adopts OSERS' interpretation."
There's a bit more to her inclusion of The Federal Register, which is worth reading.
As for her comments about Chevron: Note that in 2024, the U.S. Supreme Court significantly limited the doctrine of Chevron deference in Loper Bright Enterprises v. Raimondo, holding that courts must exercise independent judgment in interpreting statutes. While this narrows the deference given to agencies’ interpretations of statutes, deference continues to be given to The Federal Register. For example, Virginia Department of Education (VDOE) continues to defer to The Federal Register within the context of state complaints (see below).
State Complaint Letter of Findings: Virginia Department of Education
In numerous LOFs issued by VDOE, the state agency has cited The Federal Register to establish its authority to investigate state complaints at a systemic level. For example, in its LOF for complaint C25-154 (against Chesterfield County), VDOE stated:
"In its Analysis of Comments and Changes for the 2006 implementing regulations, the U.S. Department of Education (USED), Office of Special Education Programs (OSEP) has stated that state education agencies—such as the VDOE—are “required to resolve any complaint that meets the [sufficiency] requirements” set forth in the 2006 implementing regulations, “including complaints that raise systemic issues….”1 OSEP has also stated that “the broad scope of the State complaint procedures, as permitted in the regulations, is critical to each State’s exercise of its general supervision responsibilities. The complaint procedures provide parents, organizations, and other individuals with an important means of ensuring that the educational needs of children with disabilities are met and provide the SEA [state education agency] with a powerful tool to identify and correct noncompliance….” Accordingly, this office is authorized to investigate alleged systemic violations of special education regulations.
"1 U.S. Department of Education, Office of Special Education Programs, Analysis of Comments and Changes, at 46605, Federal Register, Vol. 71, No. 156 (August 14, 2006) [hereinafter referred as Analysis]."
Local Education Agency Guidance Document: Hearing Officer Procedures (District of Columbia)
District of Columbia’s Office of the State Superintendent of Education (OSSE) repeatedly cites The Federal Register in its official procedural guidance document Basic Hearing Procedures and Management: An Overview for New IDEA Hearing Officers. (Although dated 2011, the OSSE document remains listed as current on the agency’s site as of July 30, 2025.)
Confusion, Congress, and The Federal Register
Let's talk a bit about laws and regulations, and the role of The Federal Register. For a lighthearted refresher on how laws are made, this classic Schoolhouse Rock video is worth a watch.
Laws are statutes enacted by Congress—for example, IDEA or Section 504 of the Rehabilitation Act of 1973.
Regulations are rules issued by federal agencies—such as USDOE—that explain how these laws will be implemented. Regulations have the force of law and are published in Code of Federal Regulations (CFR).
Congress deliberately delegates implementation of laws to federal agencies for a few reasons:
Federal agencies are staffed with subject-matter experts who can develop detailed procedures and requirements that are based on scientific data, best practices, and public comment.
Under APA, federal agencies can update regulations more efficiently than Congress can amend laws.
However, sometimes this delegation of implementation of laws causes problems. For example, Section 504 of the Rehabilitation Act was enacted in 1973. However, for several years, no implementing regulations were issued. This led to confusion and inconsistent enforcement of the law’s nondiscrimination protections.
Frustration over the delay sparked the historic 504 sit-ins in April 1977—most notably the 26-day occupation of the San Francisco federal building. Activists demanded that U.S. Department of Health, Education, and Welfare (HEW) issue binding regulations. Their persistence paid off: On April 28, 1977, HEW published Section 504 regulations.
Final Words
Understanding The Federal Register can give parents a powerful edge in special education advocacy. Whether you're preparing for an IEP meeting, a mediation session, or filing a state complaint or due process hearing, referring to the “Analysis of Comments and Changes” can help clarify what IDEA or Section 504 really require.
In addition, The Federal Register offers parents a place to submit comments related to their children and learn about public meetings and other opportunities to engage with USDOE and other agencies.