This part applies to any program administered by the Secretary of Education that:

1. (a)

   1. (1) Was transferred to the Department by the Department of Education Organization Act (DEOA); and
   2. (2) Was administered by the Education Division of the Department of Health, Education, and Welfare on the day before the effective date of the DEOA; or
2. (b) Was enacted after the effective date of the DEOA, unless the law enacting the new Federal program has the effect of making section 439 of the General Education Provisions Act inapplicable.

3. (c) The following chart lists the funded programs to which part 98 does not apply as of February 16, 1984.

   Name of program	Authorizing statute	Implementing regulations
   1. High School Equivalency Program and College Assistance Migrant Program	Section 418A of the Higher Education Act of 1965 as amended by the Education Amendments of 1980 (Pub. L. 96-374) 20 U.S.C. 1070d-2)	part 206.
   2. Programs administered by the Commissioner of the Rehabilitative Services Administration	The Rehabilitation Act of 1973 as amended by Pub. L. 95-602 (29 U.S.C. 700, et seq.)	parts 351-356, 361, 362, 365, 366, 369-375, 378, 379, 385-390, and 395.
   3. College housing	Title IV of the Housing Act of 1950 as amended (12 U.S.C. 1749, et seq.)	part 614.

   (Authority: 20 U.S.C. 1221e-3(a)(1), 1230, 1232h, 3487, 3507)