Laws & Regulations

 

Code of Federal Regulations (GPO Compilation)
The Code of Federal Regulations (CFR) is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government. It is divided into 50 titles that represent broad areas subject to Federal regulation. Each volume of the CFR is updated once each calendar year and issued on a quarterly basis.

Title 34, Chapter VI of the CFR contains the regulations pertaining to total and permanent disability discharge.

When searching through the CFR for language regarding total and permanent disability, follow these steps:

For Federal Family Education Loans (FFEL):
  1. After clicking the link above to Title 34, Chapter VI of the CFR, select Title 34 - Education.
  2. Scroll down and select Chapter VI / browse parts 600-699, Office of Postsecondary Education, Department of Education.
  3. Scroll down and select 682.100 to 682.800 / Federal Family Education Loan (FFEL) Program.
  4. Scroll down and select Part 682.402 - Death, disability, closed school, false certification, unpaid refunds, and bankruptcy payments.
  5. Scroll down to subsection (c)(1)--that is, 682.402(c)(1).

For Direct Loans:  

  1. Follow steps one and two above.
  2. Scroll down and select 685.100 to 685.402 / William D. Ford Federal Direct Loan Program.
  3. Scroll down and select Part 685.213 - Total and permanent disability discharge.

For Perkins Loans:  

  1. Follow steps one and two above.
  2. Scroll down and select 674.1 to 674.64 / Federal Perkins Loan Program.
  3. Scroll down and select Part 674.61 - Discharge for death or disability.

U.S. Code (GPO Compilation)
The United States Code is the codification by subject matter of the general and permanent laws of the United States. It is divided by broad subjects into 50 titles and published by the Office of the Law Revision Counsel of the U.S. House of Representatives.

The Higher Education Opportunity Act (HEOA), as amended August 14, 2008, included major amendments to U.S. Code regarding discharge of federal student loans due to total and permanent disability. The Higher Education Opportunity Act can be accessed by clicking the link above.

The online U.S. Code has not yet been updated to reflect the amendments from the Higher Education Opportunity Act. The current online version of the U.S. Code is available at the GPO Access Web site.

When searching through the U.S. Code for language regarding total and permanent disability, follow these steps:

For Federal Family Education Loans (FFEL):
  1. Select Title 20 - Education.
  2. Select Chapter 28 - Higher Education Resources and Student Assistance.
  3. Select Subchapter IV - Student Assistance.
  4. Select Part B - Federal Family Education Loan Program.
  5. Use the browser function to search for "disabled" in Section 1087 - Repayment by Secretary of loans of bankrupt, deceased, or disabled borrowers; treatment of borrowers attending closed schools or falsely certified as eligible to borrow.

For Direct Loans:
 

  1. Select Title 20 - Education.
  2. Select Chapter 28 - Higher Education Resources and Student Assistance.
  3. Select Subchapter IV - Student Assistance.
  4. Select Part C - William D. Ford Federal Direct Loan Program.
  5. Use the browser function to search for "disabled" in Section 1087e, Terms of Loans.

For Perkins Loans:
 

  1. Select Title 20 - Education.
  2. Select Chapter 28 - Higher Education Resources and Student Assistance.
  3. Select Subchapter IV - Student Assistance.
  4. Select Part D - Federal Perkins Loans.
  5. Use the browser function to search for "disabled" in Section 1087dd, Terms of Loans.

The Higher Education Act (HEA) of 1965, as amended, through October 2002
The Higher Education Act (HEA) of 1965, as amended, through October 2002, is the legislation that created guidelines for Federal funding to colleges and universities, established scholarships, and arranged for education loans to be granted to students seeking higher education.

To find information on total and permanent disability in the above PDF files, conduct a search using the term "disabled."

Federal Registers
Published by the Office of the Federal Register, National Archives and Records Administration (NARA), the Federal Register is the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents.

The following links contain all Federal Student Aid (FSA) related Federal Registers published from January 1, 2001, to the present: