REGULATORY REFORM TASK FORCE

PROGRESS REPORT

MAY 2017 


WASHINGTON, DC 20202

www.ed.gov

MEMORANDUM FOR THE SECRETARY

From: Robert S. Eitel

Co-Chair, Regulatory Reform Task Force

Regulatory Reform Officer

Senior Counselor to the Secretary

Elizabeth A. M. McFadden

Co-Chair, Regulatory Reform Task Force

Regulatory Policy Officer

Deputy General Counsel for Ethics, Legislative Counsel, and Regulatory 

Services

Date: May 25, 2017

Re: Regulatory Reform Task Force Progress Report

This memorandum provides the progress report to the Secretary required by the President’s 

Executive Order 13777, Enforcing the Regulatory Reform Agenda (the “Order”), to reduce 

regulatory burdens on the American people through regulatory reform.1 We set forth below the 

Department of Education’s (“Department”) work to date and the plan to implement the 

requirements of the Order. 

REQUIREMENTS OF THE ORDER

In order to “alleviate unnecessary regulatory burdens placed on the American people,” the 

Order directs the appointment of a Regulatory Reform Officer and the establishment of a 

Regulatory Reform Task Force (the “RRTF”) to oversee the implementation of the

Department’s regulatory reform initiatives. Reporting periodically to the Secretary and 

regularly consulting with agency leadership, the RRTF must evaluate existing regulations and 

guidance and make recommendations to the Secretary regarding any repeal, replacement, or 

modification. 

Consistent with applicable law, the Order requires the RRTF to identify regulations that (i) 

eliminate jobs or inhibit job creation; (ii) are outdated, unnecessary, or ineffective; (iii) impose 

costs that exceed benefits; (iv) create a serious inconsistency or otherwise interfere with 

regulatory reform initiatives and policies; (v) are inconsistent with the requirements of section 

515 of the Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516 note) 

or the guidance issued pursuant to that provision (especially those regulations that rely in 

whole or in part on data, information, or methods that are not publicly available or that are 

insufficiently transparent to meet the standard for reproducibility); or (vi) derive from or 

1

 The Order is attached at Appendix 1. 

UNITED STATES DEPARTMENT OF EDUCATION
Page 2 of 5

implement Executive Orders or other Presidential directives that have been subsequently 

rescinded or substantially modified.

The Order directs the RRTF to seek input and other assistance from entities “significantly 

affected” by the agency’s regulations, including State, local, and tribal governments, small 

businesses, consumers, non-governmental organizations, and trade associations. When 

implementing the regulatory offsets required by Executive Order 13771 (the “two-for-one 

order”), the Order also directs the Secretary to prioritize those regulations that the RRTF has 

identified as being outdated, unnecessary, or ineffective. 

The Order further mandates that the RRTF provide a progress report to the Secretary by no 

later than May 25, 2017, detailing progress on (i) improving the implementation of regulatory 

reform initiatives and policies and (ii) identifying regulations for repeal, replacement, or 

modification.

COMPLIANCE WITH THE ORDER

The Department has taken the following steps to comply with the Order. 

1. Appointment of Regulatory Reform Officer

On April 25, 2017, in accordance with Section 2 of the Order, the Chief of Staff to the 

Secretary appointed Robert S. Eitel as the Department’s Regulatory Reform Officer. 

2. Establishment of Regulatory Reform Task Force

On the same date, adhering to Section 3 of the Order, the Chief of Staff established the RRTF, 

designated its members, and appointed Mr. Eitel and Elizabeth McFadden, the Department’s 

Regulatory Policy Officer (RPO), as Co-Chairs of the RRTF.2 The RRTF, which meets 

weekly, convened on May 4, 11, and 18, 2017, and includes the RRO (Mr. Eitel), the 

Department’s RPO (Ms. McFadden), and representatives of the Department’s central policy 

office (OPEPD) and its relevant Principal Offices (encompassing at least three senior agency 

officials). As required by the Order, Mr. Eitel as RRO serves as a Co-Chair of the RRTF, 

sharing those duties with Ms. McFadden as RPO.

3. Stakeholder Outreach Plans

To comply with the Order’s requirement at Section 3(e) to seek input from the public, the 

RRTF has created a two-pronged strategy that allows for outreach not only by the Department 

to the general public but also by each Principal Office to the constituencies that each serves. 

a. Outreach by the Department

With reference to a general Department-wide outreach plan, the RRTF intends to publish 

(likely in June of 2017) a notice in the Federal Register inviting the public to provide 

 2 A list of the RRTF’s members is attached as Appendix 2.
Page 3 of 5

comments on identifying regulations for repeal, replacement, or modification. This general 

notice will provide guidance to the public on how to provide their recommendations.

b. Outreach by Principal Offices

After the publication of the Department-wide Federal Register notice seeking public comment, 

Principal Offices will also ask for the views of their constituencies in a variety of ways. The 

method will depend on the Principal Office. 

For example, the Office of Elementary and Secondary Education (OESE) intends to identify up 

to nine stakeholder groups to work with Department staff across its programs. Staff from various 

program offices will hold focused conversations (either in-person or by phone) with each group 

(including the Council of Chief State School Officers, National Governors Association, Council 

of Great City Schools, National Association for Indian Education, School Superintendents 

Associations, and the like). Separately, each OESE program office will identify key stakeholders 

for its programs and conduct focused conversations with each program specific stakeholder 

group (such as the National Association of State Title I Directors, Migrant Education Directors, 

and 21st CLCC coordinators). Because of their overlapping constituencies, the Office of 

Innovation and Improvement and the Office of English Language Acquisition (OELA) will 

coordinate their outreach efforts with OESE. These offices will also reach out to additional 

groups, such as charter school associations and representatives of independent and religious 

schools.

In a similar vein, the Office of Special Education and Rehabilitation Services (OSERS) and its 

units will use a combination of blog posts, newsletters, focus groups at conferences, and 

regularly scheduled calls with state officials to obtain input. Along a different path, the Office of 

Career, Technical, and Adult Education (OCTAE) will conduct much of its stakeholder outreach 

through in-person contact during the fall, such as outreach at the National Coalition for Literacy 

Fall Quarterly Meeting, discussions with the Adult Education State Directors at the National 

Adult Education Professional Development Consortium November National Training Institute, 

and consultations with the Executive Board of Coalition of Adult Basic Education. The Office 

for Civil Rights also plans to conduct public outreach sessions during the summer of 2017.

To obtain the views of the higher education community, during the fall of 2017, the Office of 

Postsecondary Education (OPE) plans to convene meetings with higher education associations, 

such as the American Council on Education (ACE), and with Historically Black Colleges and 

Universities, as well as possibly conduct hearings on the broader topic of regulatory relief. In 

December of 2017, during the Federal Student Aid Annual Conference in Orlando, OPE also 

intends to convene multiple breakout sessions to obtain the views of financial aid administrators. 

For any specific regulation relating to the student financial aid programs or other programs 

authorized under Title IV of the Higher Education Act, as amended (HEA), that OPE identifies 
Page 4 of 5

for repeal, replacement, or modification, the HEA requires the Department to engage the public 

through at least two public hearings and negotiated rulemaking committees. 

4. Regulatory Canvass

The RRTF, through each Principal Office, has conducted an initial canvass of the 

Department’s regulations and policy-oriented guidance. 

a. Regulations

There are over 150 departmental regulations, ranging from matters of general applicability (the 

Department Seal, Service of Process, Freedom of Information Act, Privacy Act, and the like) to 

the privacy of education records (FERPA) to Title IX to Gainful Employment that will be 

reviewed by Principal Offices.3 OPE has already identified two sets of burdensome, 

significant, and complex regulations for repeal, replacement, or modification and is continuing 

its review of its other regulations. Other Principal Offices are currently reviewing their 

regulations for repeal, replacement, or modification. To further these efforts, OPEPD will 

facilitate discussions about Department-wide regulations, such as the Education Department 

General Administrative Regulations (EDGAR). 

b. Policy-oriented Guidance

There are numerous policy-oriented guidance documents across the Department, including

Dear Colleague Letters, Questions and Answers or Frequently Asked Questions, policy

memos, and the like; each Principal Office is reviewing these as well. Those materials number

as follows: OESE (244); OII (22); OELA (4); OSERS (177); OCTAE (17); OCR (84); OM 

(53), and OPE (1,171) – a total of 1,772 items of policy-related guidance. 

NEXT STEPS: CONTINUED IMPLEMENTATION OF THE ORDER 

The RRTF’s next steps for compliance with the Order constitute the hard work of reviewing, 

analyzing, and prioritizing the voluminous regulations and guidance that have been identified 

for review. This effort will serve as the focus of the RRTF’s next phase of work, which will 

require each Office to make initial recommendations to the RRTF whether the regulations and 

the guidance meet the Order’s criteria for repeal, replacement, or modification. The RRTF 

expects for Principal Offices to make initial recommendations by June 30. The RRTF will 

review these proposals and in turn provide its additional recommendations to the Secretary. 

Working with senior Department leadership, OPE has already identified two regulations – 

Gainful Employment and Borrower Defense to Repayment – for consideration. OPE expects to 

commence in July of 2017 the arduous task of conducting dual track negotiated rulemaking 

proceedings for each of these complex regulations. It is presently preparing the necessary 

Federal Register notices for Department and OMB clearance and scheduling the appropriate 

3

 A list of the Department’s regulations (by Principal Office) is attached as Appendix 

3. 
Page 5 of 5

public hearings. This rulemaking will be a major effort for the Department requiring 

significant oversight and resources.

ACCOUNTABILITY AND PUBLIC REPORTING REQUIREMENTS

The Order and Office of Management and Budget M-17-23 also direct the Department to 

include in its FY 2019 Annual Performance Plan the following performance indicators: (i) 

number of evaluations to identify potential deregulatory actions that included the opportunity 

for public input or peer review; (ii) number of deregulatory actions recommended by the RRTF 

to the agency head, consistent with applicable law; (iii) number of deregulatory actions issued 

that address recommendations by the RRTF; (iv) number of regulatory actions and, separately, 

deregulatory actions issued; and (v) total incremental cost of regulatory actions and 

deregulatory actions (including costs or cost savings carried over from previous fiscal years). 

Beginning with its FY 2018 Annual Performance Reports, the Department must also report the 

appropriate performance data for each performance indicator and goal. To this end, the RRTF 

will continue to work and coordinate with the Department’s Agency Reform Steering 

Committee, which has responsibility for enforcing the President’s Executive Order 13781, 

Comprehensive Plan for Reorganizing the Executive Branch. This order requires the 

Department to develop and create a plan to maximize employee performance.

The RRTF will provide the Secretary with reports concerning its progress under the Order 

periodically or upon request.
Presidential Documents

12285 

Federal Register 

Vol. 82, No. 39 

Wednesday, March 1, 2017 

Title 3— 

The President 

Executive Order 13777 of February 24, 2017 

Enforcing the Regulatory Reform Agenda 

By the authority vested in me as President by the Constitution and the 

laws of the United States of America, and in order to lower regulatory 

burdens on the American people by implementing and enforcing regulatory 

reform, it is hereby ordered as follows: 

Section 1. Policy. It is the policy of the United States to alleviate unnecessary 

regulatory burdens placed on the American people. 

Sec. 2. Regulatory Reform Officers. (a) Within 60 days of the date of this 

order, the head of each agency, except the heads of agencies receiving 

waivers under section 5 of this order, shall designate an agency official 

as its Regulatory Reform Officer (RRO). Each RRO shall oversee the implementation of regulatory reform initiatives and policies to ensure that agencies 

effectively carry out regulatory reforms, consistent with applicable law. These 

initiatives and policies include: 

(i) Executive Order 13771 of January 30, 2017 (Reducing Regulation and 

Controlling Regulatory Costs), regarding offsetting the number and cost 

of new regulations; 

(ii) Executive Order 12866 of September 30, 1993 (Regulatory Planning 

and Review), as amended, regarding regulatory planning and review; 

(iii) section 6 of Executive Order 13563 of January 18, 2011 (Improving 

Regulation and Regulatory Review), regarding retrospective review; and 

(iv) the termination, consistent with applicable law, of programs and activities that derive from or implement Executive Orders, guidance documents, 

policy memoranda, rule interpretations, and similar documents, or relevant 

portions thereof, that have been rescinded. 

(b) Each agency RRO shall periodically report to the agency head and 

regularly consult with agency leadership. 

Sec. 3. Regulatory Reform Task Forces. (a) Each agency shall establish a 

Regulatory Reform Task Force composed of: 

(i) the agency RRO; 

(ii) the agency Regulatory Policy Officer designated under section 6(a)(2) 

of Executive Order 12866; 

(iii) a representative from the agency’s central policy office or equivalent 

central office; and 

(iv) for agencies listed in section 901(b)(1) of title 31, United States Code, 

at least three additional senior agency officials as determined by the 

agency head. 

(b) Unless otherwise designated by the agency head, the agency RRO 

shall chair the agency’s Regulatory Reform Task Force. 

(c) Each entity staffed by officials of multiple agencies, such as the Chief 

Acquisition Officers Council, shall form a joint Regulatory Reform Task 

Force composed of at least one official described in subsection (a) of this 

section from each constituent agency’s Regulatory Reform Task Force. Joint 

Regulatory Reform Task Forces shall implement this order in coordination 

with the Regulatory Reform Task Forces of their members’ respective agencies. 


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APPENDIX 1

EXECUTIVE ORDER 13777
12286 Federal Register / Vol. 82, No. 39 / Wednesday, March 1, 2017 / Presidential Documents 

(d) Each Regulatory Reform Task Force shall evaluate existing regulations 

(as defined in section 4 of Executive Order 13771) and make recommendations to the agency head regarding their repeal, replacement, or modification, 

consistent with applicable law. At a minimum, each Regulatory Reform 

Task Force shall attempt to identify regulations that: 

(i) eliminate jobs, or inhibit job creation; 

(ii) are outdated, unnecessary, or ineffective; 

(iii) impose costs that exceed benefits; 

(iv) create a serious inconsistency or otherwise interfere with regulatory 

reform initiatives and policies; 

(v) are inconsistent with the requirements of section 515 of the Treasury 

and General Government Appropriations Act, 2001 (44 U.S.C. 3516 note), 

or the guidance issued pursuant to that provision, in particular those 

regulations that rely in whole or in part on data, information, or methods 

that are not publicly available or that are insufficiently transparent to 

meet the standard for reproducibility; or 

(vi) derive from or implement Executive Orders or other Presidential directives that have been subsequently rescinded or substantially modified. 

(e) In performing the evaluation described in subsection (d) of this section, 

each Regulatory Reform Task Force shall seek input and other assistance, 

as permitted by law, from entities significantly affected by Federal regulations, including State, local, and tribal governments, small businesses, consumers, non-governmental organizations, and trade associations. 

(f) When implementing the regulatory offsets required by Executive Order 

13771, each agency head should prioritize, to the extent permitted by law, 

those regulations that the agency’s Regulatory Reform Task Force has identified as being outdated, unnecessary, or ineffective pursuant to subsection 

(d)(ii) of this section. 

(g) Within 90 days of the date of this order, and on a schedule determined 

by the agency head thereafter, each Regulatory Reform Task Force shall 

provide a report to the agency head detailing the agency’s progress toward 

the following goals: 

(i) improving implementation of regulatory reform initiatives and policies 

pursuant to section 2 of this order; and 

(ii) identifying regulations for repeal, replacement, or modification. 

Sec. 4. Accountability. Consistent with the policy set forth in section 1 

of this order, each agency should measure its progress in performing the 

tasks outlined in section 3 of this order. 

(a) Agencies listed in section 901(b)(1) of title 31, United States Code, 

shall incorporate in their annual performance plans (required under the 

Government Performance and Results Act, as amended (see 31 U.S.C. 

1115(b))), performance indicators that measure progress toward the two goals 

listed in section 3(g) of this order. Within 60 days of the date of this 

order, the Director of the Office of Management and Budget (Director) shall 

issue guidance regarding the implementation of this subsection. Such guidance may also address how agencies not otherwise covered under this subsection should be held accountable for compliance with this order. 

(b) The head of each agency shall consider the progress toward the two 

goals listed in section 3(g) of this order in assessing the performance of 

the Regulatory Reform Task Force and, to the extent permitted by law, 

those individuals responsible for developing and issuing agency regulations. 

Sec. 5. Waiver. Upon the request of an agency head, the Director may 

waive compliance with this order if the Director determines that the agency 

generally issues very few or no regulations (as defined in section 4 of 

Executive Order 13771). The Director may revoke a waiver at any time. 

The Director shall publish, at least once every 3 months, a list of agencies 

with current waivers. 


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APPENDIX 1

EXECUTIVE ORDER 13777
Federal Register / Vol. 82, No. 39 / Wednesday, March 1, 2017 / Presidential Documents 12287 

Sec. 6. General Provisions. (a) Nothing in this order shall be construed 

to impair or otherwise affect: 

(i) the authority granted by law to an executive department or agency, 

or the head thereof; or 

(ii) the functions of the Director relating to budgetary, administrative, 

or legislative proposals. 

(b) This order shall be implemented consistent with applicable law and 

subject to the availability of appropriations. 

(c) This order is not intended to, and does not, create any right or benefit, 

substantive or procedural, enforceable at law or in equity by any party 

against the United States, its departments, agencies, or entities, its officers, 

employees, or agents, or any other person. 

THE WHITE HOUSE, 

February 24, 2017. 

[FR Doc. 2017–04107 

Filed 2–28–17; 11:15 am] 

Billing code 3295–F7–P 


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APPENDIX 1

EXECUTIVE ORDER 13777
APPENDIX 2 

LIST OF REGULATORY REFORM TASK FORCE MEMBERS

Robert S. Eitel 

Senior Counselor to the Secretary 

Regulatory Reform Officer 

Elizabeth McFadden

Deputy General Counsel for Ethics, Regulatory Services, and Legislative Counsel and 

Regulatory Policy Officer

Ebony Lee

Deputy Chief of Staff for Policy 

Joe Conaty 

Senior Policy Advisor, Delegated to Perform the Duties of the Deputy Secretary 

Jim Manning 

Acting Under Secretary, Senior Advisor to the Under Secretary 

Margo Anderson 

Acting Assistant Deputy Secretary (OII), Associate Assistant Deputy Secretary

Jennifer Bell-Ellwanger

Director, Policy and Program Studies Service, Delegated to Perform the Duties of the Assistant 

Secretary, OPEPD

Jason Botel 

Acting Assistant Secretary (OESE), Principal Deputy Assistant Secretary 

Kim Ford

Acting Assistant Secretary (OCATE), Deputy Assistant Secretary for Management and Planning

Holly Ham

Assistant Secretary (OM)

Candice Jackson

Acting Assistant Secretary (OCR), Deputy Assistant Secretary for Strategic Operations and 

Outreach 

Hilary Malawer

Assistant General Counsel, Division of Regulatory Services 
Lynn Mahaffie

Deputy Assistant Secretary for Policy, Planning and Innovation (OPE), Delegated the Duties of 

Assistant Secretary for Postsecondary Education

Ruth Ryder 

Deputy Director, Special Education Programs (OSERS), Delegated to Perform the Duties of the 

Assistant Secretary

José A. Viana 

Assistant Deputy Secretary and Director, Office of English Language Acquisition
1 

List of ED Regulations

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

1 Official Seal 

(Part 3)

2000 ED

2 Service of 

Process

(Part 4)

1982 ED

3 Availability of 

Information to 

the Public 

(FOIA)

(Part 5)

2010 ED, all 

stakeholders, 

general public

4 Privacy Act 

Regulations

(Part 5b)

1980 ED, all 

stakeholders, 

general public

5 Inventions 

and Patents

(Part 6)

1980 ED employees

6 Employee 

Inventions

(Part 7)

1980 ED employees

7 Demands for 

Testimony or 

Records in 

Legal 

Proceedings

(Part 8)

2008 ED

APPENDIX 3

LIST OF EDUCATION REGULATIONS
2 

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

8 Disposal and 

Utilization of 

Surplus 

Federal Real 

Property for 

Educational 

Purposes

(Part 12)

1992 ED

9 Uniform 

Relocation 

Assistance and 

Real Property 

Acquisition for 

Federal and 

Federally 

Assisted 

Programs

(Part 15)

1987 cross 

reference to 

49 CFR Part 

24

ED

10 Equal Access 

to Justice

(Part 21)

1993 ED, prevailing 

parties in 

adjudications 

by ED

11 Debt 

Collection

(Part 30)

1989 ED, parties 

owing debt to 

ED

APPENDIX 3

LIST OF EDUCATION REGULATIONS
3 

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

12 Salary Offset 

for Federal 

Employees 

Who are 

Indebted to 

the United 

States under 

Programs 

Administered 

by the 

Secretary of 

Education

(Part 31)

1989 ED, indebted 

ED employees

13 Salary Offset 

for Recover 

Overpayments 

of Pay or 

Allowances 

from 

Department of 

Education 

Employees

(Part 32)

1987 ED, indebted 

ED employees

14 Program 

Fraud Civil 

Remedies Act

(Part 33)

1988 ED, parties 

making 

fraudulent 

statements to 

ED

15 Administrativ

e Wage 

Garnishment

(Part 34)

2003 ED, delinquent 

debtors

APPENDIX 3

LIST OF EDUCATION REGULATIONS
4 

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

16 Tort Claims 

Against the 

Government

(Part 35)

1980 ED, ED 

employees, 

parties with 

tort claims 

against ED

17 Adjustment of 

Civil Monetary 

Penalties for 

Inflation

(Part 36)

2017 OGC ED K

18 Indemnificatio

n of 

Department of 

Education 

Employees

(Part 60)

1989 ED, ED 

employees

19 Standards of 

Conduct

(Part 73)

1995 – cross 

reference to 

standards of 

conduct

ED, ED 

employees

21 Direct Grant 

Programs

(Part 75)

2016 OEL

A

ODSRMS

ED, grantees K

22 StateAdministered 

Programs

(Part 76)

2016 OEL

A

ODSRMS

ED, state 

grantees

K

APPENDIX 3

LIST OF EDUCATION REGULATIONS
5 

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

23 Definitions 

that Apply to 

Department 

Regulations

(Part 77)

2015 OEL

A

ODSRMS

ED, grantees K

24 Intergovernm

ental Review 

of Department 

of Education 

Programs and 

Activities

(Part 79)

1986 OEL

A

ODSRMS

ED, state and 

local 

governments

that apply for 

ED grants

K

26 General 

Education 

Provisions Act 

Enforcement

(Part 81)

1996 OEL

A

ODSRMS

ED, ED grantees K

27 New 

Restrictions 

on Lobbying

(Part 82) 

1990 

government 

wide

OEL

A

ODSRMS

ED, ED grantees K

28 Governmentwi

de 

Requirements 

for Drug-Free 

Workplace 

(Financial 

Assistance)

(Part 84)

2003 

government 

wide

OEL

A

ODSRMS

ED, ED grantees K

APPENDIX 3

LIST OF EDUCATION REGULATIONS
6 

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

29 Drug and 

Alcohol Abuse 

Prevention

(Part 86)

1996 OEL

A

ODSRMS

ED, IHEs K

30 Protection of 

Human 

Subjects

(Part 97)

2017 (final 

rules 

published 

11/29/2016 

delayed until 

3/21/2017.

OEL

A

ODSRMS

ED, research 

grantees

K

31 Student Rights 

in Research, 

Experimental 

Programs, and 

Testing

(Part 98)

1984 ODSRMS

OM

ED, students, 

research 

grantees

ED, educational 

agencies and 

institutions, 

contractors, 

vendors, 

researchers, 

entities wishing 

to survey 

students, 

parents and 

students (OM)

K

M (OM)

Commonly 

known as the 

Protection of 

Pupil Rights 

Amendment 

(PPRA) 

regulations. 

Regulations 

need updating 

to reflect 

changes made 

by Congress in 

1994 and 2001.

(OM)

APPENDIX 3

LIST OF EDUCATION REGULATIONS
7 

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

32 Family 

Educational 

Rights and 

Privacy 

(FERPA)

(Part 99)

2017 ODSRMS

OM

ED, educational 

agencies and 

institutions, 

contractors, 

students and 

families

ED, educational 

agencies and 

institutions, 

contractors, 

vendors, 

researchers, 

parents, and 

students

K

M 

Regulations 

need updating 

to reflect 

changes made 

by Congress in 

2010 and 2013 

and to update 

definitions and 

clarify 

provisions to 

reflect 

developments 

in the nature 

and use of 

education 

technology.

33 Nondiscrimina

tion Under 

Programs 

Receiving 

Federal 

Assistance 

Through The 

Department Of 

Education 

Effectuation Of 

Title VI Of The 

Civil Rights 

Act Of 1964

(Part 100)

2000 OCR

APPENDIX 3

LIST OF EDUCATION REGULATIONS
8 

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

34 Practice And 

Procedure For 

Hearings 

Under Part 

100 Of This 

Title

(Part 101)

2014 OCR

35 Nondiscrimina

tion on the 

Basis of 

Handicap in 

Programs or 

Activities 

Receiving 

Federal 

Financial 

Assistance

(Part 104)

2000 OCR

36 Enforcement 

of 

Nondiscrimina

tion on the 

Basis of 

Handicap in 

Programs or 

Activities 

Conducted by 

the 

Department of 

Education

(Part 105)

1990 OCR

APPENDIX 3

LIST OF EDUCATION REGULATIONS
9 

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

37 Nondiscrimina

tion on the 

Basis of Sex In 

Education 

Programs Or 

Activities 

Receiving 

Federal 

Financial 

Assistance

(Part 106)

2006 OCR

38 Equal Access 

To Public 

School 

Facilities For 

The Boy 

Scouts Of 

America And 

Other 

Designated 

Youth Groups

(Part 108)

2006 OCR

39 Nondiscrimina

tion on the 

Basis of Age in 

Programs or 

Activities 

Receiving 

Federal 

Financial 

Assistance

(Part 110)

2000 OCR

APPENDIX 3

LIST OF EDUCATION REGULATIONS
10

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

40 Title I 

Improving The 

Academic 

Achievement 

Of The 

Disadvantaged

Part 200

2016; 2017 

(on 1/30/17, 

effective date 

of final rules 

amending 

200.73 was 

delayed until 

3/21/17). 

OES

E

States, LEAs, 

public schools, 

public IEP 

teams and 

teachers, lowincome public 

school students, 

parents, 

supplemental 

educational 

service 

providers, 

paraprofession

als, private 

school students 

, private school 

teachers/famili

es, Migrant 

Education 

programs, 

national rural 

organizations, 

neglected/delin

quent 

children/youth 

Advocacy 

groups: Council 

of Chief State 

School Officers, 

American 

Association of 

School 

Administrators, 

NSBA, 

Association of 

Elementary 

School 

Principles, 

Association of 

Secondary 

School 

Principles, 

National 

Association of 

Federation 

Education 

Program 

Administrators, 

National 

C il f L APPENDIX 3

LIST OF EDUCATION REGULATIONS
11

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

41 Special 

Educational 

Programs For 

Students 

Whose 

Families Are 

Engaged In 

Migrant And 

Other 

Seasonal 

Farmwork-- 

High School 

Equivalency 

Program And 

College 

Assistance 

Migrant 

Program

(Part 206)

2014 OES

E

Students who 

are family 

members of 

migrant or 

seasonal farmer 

workers, 

workers 

themselves, 

IHEs

APPENDIX 3

LIST OF EDUCATION REGULATIONS
12

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

42 Impact Aid 

Programs

(Part 222)

2016 OES

E

Federally 

connected 

children 

(dependents of 

members of 

Armed Forces 

living near/on 

military base, 

Indian 

children), LEAs, 

SEAs, 

Department of 

Defense, Indian 

tribes

Advocacy 

Groups 

National 

Association of 

Federally 

Impacted 

Schools 

(NAFIS), 

Military 

Impacted 

Schools 

Association 

(MISA)

43 Credit 

Enhancement 

For Charter 

School 

Facilities 

Program

(Part 225)

2014 OII Charter schools, 

states (as 

public entities) 

and private 

nonprofit 

entities, loan 

providers

K

APPENDIX 3

LIST OF EDUCATION REGULATIONS
13

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

44 State Charter 

School 

Facilities 

Incentive 

Program

(Part 226)

2014 OII Charter schools, 

states (as 

public entity), 

nonprofits, 

consortia of 

nonprofits and 

public entities

Advocacy 

Groups 

National 

Alliance for 

Public Charter 

Schools

K

45 Innovation for 

Teacher 

Quality 

(Troops to 

Teachers)

(Part 230)

2005 OII Department of 

Defense (DOD 

program 

Defense 

Activity for 

Non-traditional 

Education 

Support), 

military service 

members, 

high-need 

LEAs, states, 

state teacher 

certification/lic

ensure agencies

R This program 

was 

transitioned 

over to the 

Department of 

Defense

APPENDIX 3

LIST OF EDUCATION REGULATIONS
14

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

46 Christa 

McAuliffe 

Fellowship 

Program

(Part 237)

1992 OES

E

This program is 

no longer 

funded. 

Teachers, 

selection panel 

members (IHEs, 

school 

administrators, 

teachers, 

parents)

APPENDIX 3

LIST OF EDUCATION REGULATIONS
15

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

47 Indian 

Education 

Discretionary 

Grant 

Programs

(Part 263)

2015 OES

E

IHEs, Indian 

IHEs, Indian 

tribes/org., 

BIE, Indian 

tribes/organiza

tions, LEAs, 

Indian students 

, tribal 

education 

agencies 

(TEAs), 

National 

Advisory 

Council on 

Indian 

Education 

(NACIE), 

Department of 

the Interior

Advocacy 

Groups→ , 

National 

Congress of 

American 

Indians (NCAI), 

National Indian 

Education 

Association 

(NIEA), Tribal 

Education 

Departments 

National 

Assembly 

(TEDNA)

APPENDIX 3

LIST OF EDUCATION REGULATIONS
16

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

48 Equity 

Assistance 

Center 

Program 

(Part 270)

2016 OES

E

There are 

currently no 

grants for SEAs. 

Schools, State 

Educational

Agencies 

(SEAs), Equity 

Assistance 

Centers (EACs), 

LEAs, public 

agencies, and 

private, nonprofits

51 Magnet 

Schools 

Assistance 

Program

(Part 280)

2014 OII LEAs/LEA 

consortia, 

magnet schools

K

APPENDIX 3

LIST OF EDUCATION REGULATIONS
17

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

52 General 

Provisions

(Part 299)

2016 OES

E

SEAs, LEAs, 

private-school 

teachers/stude

nts

(General 

provisions, as 

per 299.6, also 

pertain to the 

following 

programs: Part 

C of Title I 

(Migrant 

Education), 

Title II (Prof. 

Development), 

Title III (Tech. 

for Education), 

Part A of Title 

IV (Safe and 

Drug-Free 

Schools and 

Comms.), Title 

VI (Innovative 

Education 

Program 

Strategies), 

Title VII 

(Bilingual 

Education)

APPENDIX 3

LIST OF EDUCATION REGULATIONS
18

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

53 Assistance to 

States for the 

Education of 

Children with 

Disabilities

(Part 300)

2015 OSE

RS

Students with 

disabilities, 

states, SEAs, 

LEAs, ESAs, 

non-ESA/LEA 

public charter 

schools, 

state/local 

juvenile/adult 

correctional 

facilities, 

private school 

students, 

teachers, 

paraprofession

als, and 

personnel 

working with 

disabled 

students, 

parents, 

contracted 

programs/servi

ces, BIA, 

teachers, 

paraprofession

als, and 

personnel at 

BIA schools, 

Indian children

APPENDIX 3

LIST OF EDUCATION REGULATIONS
19

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

54 Early 

Intervention 

Program for 

Infants and 

Toddlers with 

Disabilities

(Part 303)

2014 OSE

RS

States, State 

lead agencies, 

Early 

Intervention 

Service (EIS) 

programs and 

EIS providers, 

parents of 

infants, 

toddlers, and 

children with 

disabilities, 

SEAs, LEAs, 

Head 

Start/Early 

Hard Start 

programs, and 

tribes, tribal 

organizations, 

and consortium 

of tribal

organizations

APPENDIX 3

LIST OF EDUCATION REGULATIONS
20

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

55 Service 

Obligations 

under Special 

Education 

Personnel 

Development 

to Improve 

Services and 

Results for 

Children with 

Disabilities

(Part 304)

2006 OSE

RS

LEAs, SEAs, 

other 

authorized 

state entities, 

IHEs (esp. those 

educating 

reg./special ed. 

teachers to 

work with 

disabled 

students), 

scholarship 

recipients (who 

must work in 

field of teaching 

infants/toddler

s/children with 

special needs or 

other capacity 

focused on 

special 

education)

APPENDIX 3

LIST OF EDUCATION REGULATIONS
21

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

56 Disability and 

Rehabilitation 

Research 

Projects and 

Centers 

Program

(Part 350)

2014 OSE

RS

States, 

public/private 

agencies and 

organizations, 

including forprofit 

agencies/orgs., 

IHEs, Indian 

tribes and 

tribal 

organizations, 

rehabilitation 

research and 

training 

centers, 

rehabilitation 

engineering 

research 

centers, 

disability and 

rehabilitation 

research 

projects and 

participants 

(including fieldinitiated 

projects, 

advanced 

rehabilitation 

research 

training 

projects)

R (entire part) Program 

transferred to 

HHS.

APPENDIX 3

LIST OF EDUCATION REGULATIONS
22

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

57 Disability and 

Rehabilitation 

Research: 

Research 

Fellowships

(Part 356)

1995 OSE

RS

Merit 

Fellowship and 

Distinguished 

Fellowship 

recipients

R (entire part) Program 

transferred to 

HHS.

58 Disability and 

Rehabilitation 

Research: 

Special 

Projects and 

Demonstratio

ns for Spinal 

Cord Injuries

(Part 359)

1985, 1993 OSE

RS

States, Public 

or private 

agencies, 

including forprofit 

agencies, 

Public or 

private 

organizations, 

including forprofit 

organizations, 

IHEs, Indian 

tribes and 

tribal 

organizations, 

individuals 

with spinal 

cord injuries, 

research 

projects on 

spinal cord 

injuries

R (entire part) Program 

transferred to 

HHS.

APPENDIX 3

LIST OF EDUCATION REGULATIONS
23

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

59 State 

Vocational 

Rehabilitation 

Services 

Program

(Part 361)

2016 OSE

RS

States, DSAs 

and DSUs, state 

rehabilitation 

councils, 

individuals 

with 

disabilities, 

Council of State 

Administrators 

for Veteran 

Rehabilitation 

(CSAVR), client 

assistance 

programs 

(CAP), National 

Disability 

Rights Network 

(NDRN)

60 The State 

Supported 

Employment 

Services 

Program

(Part 363)

2016 OSE

RS

States, DSAs 

and DSUs, 

individuals 

with 

disabilities, 

Council of State 

Administrators 

for Veteran 

Rehabilitation 

(CSAVR), client 

assistance 

programs 

(CAP), National 

Disability 

Rights Network 

(NDRN)

APPENDIX 3

LIST OF EDUCATION REGULATIONS
24

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

61 State 

Independent 

Living Services 

Program and 

Centers for 

Independent 

Living 

Program: 

General 

Provisions

(Part 364)

2014 OSE

RS

Individuals 

with significant 

disabilities, 

centers for 

independent 

living, state VR 

agencies, 

Statewide 

Independent 

Living Councils, 

individuals who 

are blind or 

have severe 

visual 

impairments 

and are age 55 

or older

R (entire part) Program 

transferred to 

HHS.

62 State 

Independent 

Living Services

(Part 365)

2014 OSE

RS

Individuals 

with significant 

disabilities, 

centers for 

independent 

living, state VR 

agencies, 

Statewide 

Independent 

Living Councils

R (entire part) Program 

transferred to 

HHS. 

63 Centers For 

Independent 

Living

(Part 366)

1995 OSE

RS

Individuals 

with significant 

disabilities, 

centers for 

independent 

living, state VR 

agencies, 

Statewide 

Independent 

Living Councils

R (entire part) Program 

transferred to 

HHS.

APPENDIX 3

LIST OF EDUCATION REGULATIONS
25

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

64 Independent 

Living Services 

for Older 

Individuals 

Who Are Blind

(Part 367)

2016 OSE

RS

Individuals who 

are blind or 

have severe 

visual 

impairments 

and are age 55 

or older, 

centers for 

independent 

living, state VR 

agencies, 

Statewide 

Independent 

Living Councils

66 Client 

Assistance 

Program

(Part 370)

2016 OSE

RS

Client 

Assistance 

Programs 

(CAP), states, 

and individuals 

with disabilities 

served by CAP, 

National 

Disability 

Rights Network 

(NDRN)

APPENDIX 3

LIST OF EDUCATION REGULATIONS
26

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

67 Vocational 

Rehabilitation 

Service 

Projects for 

American 

Indians with 

Disabilities

(Part 371)

2016 OSE

RS

Governing 

bodies of Indian 

tribes and 

consortia of 

those 

governing 

bodies located 

on Federal and 

State 

reservations, 

tribal 

vocational 

rehabilitation 

service 

programs, 

American 

Indians with 

disabilities

APPENDIX 3

LIST OF EDUCATION REGULATIONS
27

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

68 Special 

Demonstratio

n Projects

(Part 373)

2016 OSE

RS

State vocational 

rehabilitation 

agencies, 

community 

rehabilitation 

programs, 

Indian tribes or 

tribal 

organizations, 

public or 

nonprofit 

agencies or 

organizations 

(including 

IHEs), certain 

for-profit 

organizations 

and consortia, 

other 

organizations 

identified by 

the Secretary 

and published 

in the Federal 

Register

APPENDIX 3

LIST OF EDUCATION REGULATIONS
28

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

73 Protection and 

Advocacy of 

Individual 

Rights

(Part 381)

2016 OSE

RS

Protection and 

advocacy 

systems 

(developed 

under part C of 

the 

Developmental 

Disabilities 

Assistance and 

Bill of Rights 

Act (DDA), 42 

U.S.C. 6041–

6043), 

individuals 

with disabilities 

served by 

systems, 

National 

Disability 

Rights Network 

(NDRN)

APPENDIX 3

LIST OF EDUCATION REGULATIONS
29

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

74 Rehabilitation 

Training

(Part 385)

2016 OSE

RS

States, public or 

nonprofit 

agencies and 

organizations, 

including 

Indian tribes 

and institutions 

of higher 

education

*This 

regulation is 

umbrella under 

which Parts 

386-390 

operate, 

meaning 

stakeholders 

for those 

respective 

regulations 

may be affected 

by significant 

changes in Part 

385. 

APPENDIX 3

LIST OF EDUCATION REGULATIONS
30

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

75 Rehabilitation 

Training: 

Rehabilitation 

Long-Term 

Training

(Part 386)

2016 OSE

RS

States, public or 

nonprofit 

agencies and 

organizations, 

including 

Indian tribes 

and IHEs; 

students 

studying in 

training areas 

identified as 

suffering from 

personnel 

shortages 

(beneficiaries 

of the financial 

support for 

identified 

programs)

76 Experimental 

and 

Innovative 

Training

(Part 387) 

2016 OSE

RS

States, public or 

nonprofit 

agencies and 

organizations, 

including 

Indian tribes 

and IHEs, 

rehabilitation 

personnel 

(those already 

working in the 

field)

APPENDIX 3

LIST OF EDUCATION REGULATIONS
31

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

79 Rehabilitation 

Short-Term 

Training

(Part 390)

2016 OSE

RS

States, public or 

nonprofit 

agencies and 

organizations, 

including 

Indian tribes 

and IHEs; 

vocational, 

medical, social, 

and 

psychological 

rehabilitation 

programs, 

supported 

employment 

programs, 

independent 

living services 

programs, and 

client 

assistance 

programs

80 Vending 

Facility 

Program for 

the Blind on 

Federal and 

Other 

Property

(Part 395)

1981 OSE

RS

State vocational 

rehabilitation 

agencies, state 

licensing 

agencies, blind 

vendors (who 

are certified 

and US 

citizens), state 

committees of 

blind vendors

APPENDIX 3

LIST OF EDUCATION REGULATIONS
32

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

81 Training of 

Interpreters 

for Individuals 

who are Deaf 

and 

Individuals 

who are DeafBlind

(Part 396)

2016 OSE

RS

Public and 

private 

nonprofit 

agencies/organ

izations, IHEs, 

deaf and deafblind 

individuals, 

interpreters

Limitations on 

Use of 

Subminimum 

Wage (Part 

397)

2016 OSE

RS

82 Vocational and 

Applied 

Technology 

Education 

Programs; 

General 

Provisions

(Part 400)

1992 OCTA

E 

States (and 

outlying areas), 

IHEs, SEAs, LEAs, 

CTSOs (student 

organizations), 

local business 

and industry, 

students (in 

vocational 

programs)

Rescind Sections 400.1-

400.10 have 

been 

superseded by 

statutory 

language in Carl 

D. Perkins 

Career and 

Technical 

Education Act of 

2006. (Perkins 

IV).

83 Indian 

Vocational 

Education 

Program

(Part 401)

1992 OCTA

E 

*Regulations are 

not used 

(program is 

implemented 

through 

statute).

Rescind Part 401 has 

been 

superseded by 

sections 116 of 

Perkins IV 

enacted in 2006.

APPENDIX 3

LIST OF EDUCATION REGULATIONS
33

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

84 Native 

Hawaiian 

Vocational 

Education 

Program 

(Part 402)

1992 OCTA

E

*Regulations 

are not used 

(program is 

implemented 

through 

statute).

Rescind Part 402 has 

been 

superseded by 

section 116 of 

Perkins IV 

enacted in 2006.

APPENDIX 3

LIST OF EDUCATION REGULATIONS
34

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

85 State 

Vocational and 

Applied 

Technology 

Education 

Program

(Part 403)

1992 OCT

AE

States (and 

outlying areas)

Students (in 

CTE programs), 

SEAs, LEAs, 

IHEs, local 

business and 

industry 

Rescind Part 403 has been 

superseded by the 

enactment of 

Perkins IV in 2006. 

The Division of 

Academic and 

Technical Education 

(DATE) issued nonregulatory guidance 

and program 

memoranda and to 

help states 

effectively 

implement Perkins 

IV. For example, the 

following nonregulatory 

guidance(s) were 

issued: (1) Perkins 

IV Non-Regulatory 

Guidance Versions 

1.0, 2.0 and 3.0 

were issued in 2007; 

and (2) Perkins IV 

Non-Regulatory 

Guidance Versions 

4.0 and 5.0 were 

issued in 2015.

The purpose of the 

above nonregulatory guidance 

was to address any 

relevant issues from 

Part 403 that 

remained as part of 

Perkins IV. Please 

note that nonregulatory guidance 

was issued for 

“Accountability for 

Student Definitions 

and Measurement 

Approaches for the 

Core Indicators of 

Performance” under 

Perkins IV.

In addition, the 

following Program 

Memoranda were 

issued in 2016: (1) 

APPENDIX 3

LIST OF EDUCATION REGULATIONS
35

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

86 StateAdministered 

Tech-Prep 

Education 

Program

(Part 406)

1992 OCTA

E 

*Regulations are

not used 

(program is 

implemented 

through 

statute).

Rescind Part 406 has 

been 

superseded by 

Title II of Perkins 

IV enacted in 

2006.

87 TriballyControlled 

Postsecondary 

Vocational 

Institutions 

Program

(Part 410)

1992 OCT

AE

*Regulations

are not used

(program is 

implemented 

through 

statute).

Rescind Part 410 has 

been 

superseded by 

section 117 of 

Perkins IV

enacted in 2006.

88 Vocational 

Education 

Research 

Program

(Part 411)

1992 OCT

AE

None - not 

authorized

Rescind Part 411 has 

been 

superseded by 

section 114 of 

Perkins IV 

enacted in 2006.

89 National 

Network for 

Curriculum 

Coordination 

in Vocational 

and Technical 

Education

(Part 412)

1992 OCTA

E 

None - not 

authorized

Rescind Not part of 

Perkins IV

APPENDIX 3

LIST OF EDUCATION REGULATIONS
36

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

90 National 

Center or 

Centers for 

Research in 

Vocational 

Education

(Part 413)

1992 OCTA

E 

*Regulations are

not used

(program is 

implemented 

through 

statute).

Rescind Part 413 has 

been 

superseded by 

section 

114(d)(4) of 

Perkins IV 

enacted in 2006

91 Demonstratio

n Centers for 

the Training 

for Dislocated 

Workers 

Program

(Part 415)

1992 OCTA

E 

None - not 

authorized

Rescind Not part of 

Perkins IV

92 Business and 

Education 

Standards 

Program

(Part 421)

1992 OCTA

E 

None - not 

authorized

Rescind Not part of 

Perkins IV

93 Demonstratio

n Projects for 

the 

Integration of 

Vocational and 

Academic 

Learning 

Program

(Part 425)

1992 OCTA

E 

None - not 

authorized

Rescind Not part of 

Perkins IV

APPENDIX 3

LIST OF EDUCATION REGULATIONS
37

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

95 Bilingual 

Vocational 

Training 

Program

(Part 427)

1992 OCTA

E 

None - not 

authorized

Rescind Not part of 

Perkins IV

96 Bilingual 

Vocational 

Instructor 

Training 

Program

(Part 428)

1992 OCTA

E 

None - not 

authorized

Rescind Not part of 

Perkins IV

97 Bilingual 

Vocational 

Materials, 

Methods, and 

Techniques 

Program

(Part 429)

1992 OCTA

E 

None - not 

authorized

Rescind Not part of 

Perkins IV

99 Adult 

Education 

StateAdministered 

Basic Grant 

Program

(Part 461)

1992 OCT

AE

None Rescind Outdated rule

2016 OCTAE

APPENDIX 3

LIST OF EDUCATION REGULATIONS
38

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

100 Measuring 

Educational 

Gain in the 

National 

Reporting 

System for 

Adult 

Education

(Part 462)

2016 OCT

AE

None - not 

authorized

states, test 

publishers

K

Adult 

Education and 

Family 

Literacy Act 

(Part 463)

2016 OCT

AE

States, adult 

education 

providers, low 

skilled adults

K

108 Institutional 

Eligibility 

under the 

Higher 

Education Act 

of 1965, as 

amended 

(Part 600)

2014; Some 

updates to 

take effect 

2018.

OPE IHEs, 

proprietary 

IHEs, lenders, 

students 

(postsecondary

) 

109 Institution and 

Lender 

Requirements 

Relating to 

Education 

Loans

(Part 601)

2009 OPE IHEs, 

accrediting 

agencies

APPENDIX 3

LIST OF EDUCATION REGULATIONS
39

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

110 The 

Secretary’s 

Recognition of 

Accrediting 

Agencies

(Part 602)

2010 OPE IHEs, state 

agencies, 

accrediting 

agencies

111 Secretary’s 

Recognition 

Procedures for 

State Agencies

(Part 603)

2010 OPE IHEs, states

112 Federal-State 

Relationship 

Agreements

(Part 604)

1980 OPE Hispanicserving 

institutions, 

Hispanic 

students

113 Developing 

HispanicServing 

Institutions 

Program

(Part 606)

2014 OPE IHEs serving 

low-income 

students, lowincome 

students

114 Strengthening 

Institutions 

Program

(Part 607)

2014 OPE Historically 

Black Colleges 

and 

Universities, 

students 

attending 

HBCUs

APPENDIX 3

LIST OF EDUCATION REGULATIONS
40

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

115 Strengthening 

Historically 

Black Colleges 

and 

Universities 

Program

(Part 608)

2014 OPE Historically 

Black Colleges 

and 

Universities 

with graduate 

programs, 

graduate 

students 

attending 

HBCUs

116 Strengthening 

Historically 

Black 

Graduate 

Institutions 

Program

(Part 609) 

2014 OPE States, IHEs and 

their teacher 

preparation 

programs, highneed LEAs, 

prospective 

teachers, 

prospective 

school 

principals

117 Teacher 

Quality 

Enhancement 

Grants 

Program

(Part 611)

2014 OPE

APPENDIX 3

LIST OF EDUCATION REGULATIONS
41

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

TITLE II 

REPORTING 

SYSTEM

(Part 612)

2016 OPE *This program 

is not currently 

funded. 

Any entity 

contributing to 

teacher 

preparation 

program 

reforms 

producing 

technology 

efficient 

teachers

118 Preparing 

Tomorrow’s 

Teachers to 

Use 

Technology

(Part 614)

2014 OPE *These 

regulations are 

not used. 

HBCUs, 

Hispanicserving 

institutions, 

IHEs making 

contributions 

to postgraduate 

medical 

opportunities 

for minorities 

or the 

economically 

disadvantaged

APPENDIX 3

LIST OF EDUCATION REGULATIONS
42

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

119 Endowment 

Challenge 

Grant 

Program

(Part 628)

2014 OPE *This program 

is not currently 

funded. 

Urban IHEs, 

urban areas

121 Minority 

Science and 

Engineering 

Improvement 

Program

(Part 637)

2014 OPE IHEs, TRIO 

Grantees: 

Nonprofit 

organizations 

providing 

training for the 

TRIO programs

122 Training 

Programs for 

Federal TRIO 

Programs

(Part 642)

2014 OPE IHEs , 

secondary 

schools in lowincome areas, 

organizations, 

secondary 

students in 

low-income 

areas

123 Talent Search

(Part 643)

2014 OPE IHEs, secondary 

schools in lowincome areas, 

organizations, 

secondary 

students in 

low-income 

areas

APPENDIX 3

LIST OF EDUCATION REGULATIONS
43

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

124 Educational 

Opportunity 

Centers

(Part 644)

2014 OPE IHEs, secondary 

schools in lowincome areas, 

organizations, 

secondary 

students in 

low-income 

areas

125 Upward 

Bound 

Program

(Part 645)

2014 OPE IHEs, 

Secondary 

schools in lowincome areas, 

organizations, 

secondary 

students in 

low-income 

areas

126 Student 

Support 

Services 

Program

(Part 646)

2014 OPE IHEs (graduate 

programs), 

secondary 

schools in lowincome areas, 

organizations, 

secondary 

students in 

low-income 

areas

127 Ronald E. 

McNair 

Postbaccalaur

eate 

Achievement 

Program

(Part 647)

2014 OPE IHEs with 

graduate 

programs in 

areas of 

national need, 

graduate 

students in 

areas of 

national need

APPENDIX 3

LIST OF EDUCATION REGULATIONS
44

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

128 Graduate 

Assistance in 

Areas of 

National Need

(Part 648)

2014 OPE *No funding 

last year

IHEs, doctoral 

students in the 

arts, 

humanities, and 

social sciences

129 Jacob K. Javits 

Fellowship 

Program

(Part 650)

2014 OPE States, IHEs, 

students

120 Robert C. Byrd 

Honors 

Scholarship 

Program

(Part 654)

2014 OPE International 

IHEs, 

international 

students, IHEs, 

foreign 

language and 

area studies 

students

131 International 

Education 

Programs; 

General 

Provisions

(Part 655)

2014 OPE IHEs, foreign 

language and 

area studies 

students

APPENDIX 3

LIST OF EDUCATION REGULATIONS
45

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

132 National 

Resource 

Centers 

Program for 

Foreign 

Language and 

Area Studies 

or Foreign 

Language and 

International 

Studies

(Part 656)

2009 

(technical 

edits only)

OPE IHEs, foreign 

language and 

area studies 

students

133 Foreign 

Language and 

Area Studies 

Fellowship 

Program

(Part 657)

2009 

(technical 

edits only)

OPE IHEs 

(undergraduate 

foreign 

language 

programs), 

international 

studies and 

foreign

language 

students, 

nonprofit 

organizations 

contributing to 

foreign 

language 

programs

APPENDIX 3

LIST OF EDUCATION REGULATIONS
46

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

134 Undergraduat

e 

International 

Studies and 

Foreign 

Language 

Program

(Part 658)

2009 

(technical 

edits only)

OPE IHEs 

conducting 

research 

contributing to 

international 

education 

programs, 

organizations 

and agencies 

conducting 

research 

contributing to 

international 

education 

programs

135 The 

International 

Research and 

Studies 

Program

(Part 660)

2009 

(technical 

edits only)

OPE IHEs partnering 

with 

businesses, 

trade 

organizations, 

or associations 

engaged in 

international 

trade activity; 

businesses, 

trade 

organizations, 

or associations 

engaged in 

international 

trade activity

APPENDIX 3

LIST OF EDUCATION REGULATIONS
47

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

136 Business and 

International 

Education 

Program

(Part 661)

2014 OPE IHEs, doctoral 

candidates 

conducting 

research 

abroad in 

modern foreign 

languages and 

area studies

137 FulbrightHays Doctoral 

Dissertation 

Research 

Abroad 

Fellowship 

Program

(Part 662)

2014 OPE IHEs, faculty 

members 

conducting 

research 

abroad in 

modern foreign 

languages and 

area studies

138 FulbrightHays Faculty 

Research 

Abroad 

Fellowship 

Program

(Part 663)

2014 OPE IHEs, 

departments, or 

organizations 

conducting 

overseas group 

projects in 

research, 

training, and 

curriculum 

development

APPENDIX 3

LIST OF EDUCATION REGULATIONS
48

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

139 FulbrightHays Group 

Projects 

Abroad 

Program

(Part 664)

2014 OPE IHEs, 

proprietary 

IHEs, 

postsecondary 

vocational 

institutions, 

accrediting 

agencies, states, 

students

140 Student 

Assistance 

General 

Provisions

(Part 668)

As needed

(GE 2017 

Delayed)

OPE IHEs 

contributing to 

the nation’s 

capacity for 

teaching and 

learning foreign 

languages

141 Language 

Resource 

Centers 

Program

(Part 669)

2005 OPE IHEs, students 

(with need)

APPENDIX 3

LIST OF EDUCATION REGULATIONS
49

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

142 General 

Provisions for 

the Federal 

Perkins Loan 

Program, 

Federal WorkStudy 

Program, And 

Federal 

Supplemental 

Educational 

Opportunity 

Grant 

Program

(Part 673)

2009 OPE IHEs, students 

(with need)

143 Federal 

Perkins Loan 

Program

(Part 674)

– 2013;

(scheduled 

amendments 

to take effect 

7/1/2017)

OPE IHEs, students 

(with need)

144 Federal WorkStudy 

Programs

(Part 675)

– 2009 OPE IHEs, students 

(with need)

145 Federal 

Supplemental 

Educational 

Opportunity 

Grant 

Program

(Part 676)

– 2008 OPE IHEs, lenders, 

guaranty 

agencies, 

students (with 

need)

APPENDIX 3

LIST OF EDUCATION REGULATIONS
50

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

146 Federal Family 

Education 

Loan (FFEL) 

Program

(Part 682)

2015; 

(scheduled 

amendments 

to take effect 

7/1/2017)

OPE IHEs, students 

(with need)

147 William D. 

Ford Federal 

Direct Loan 

Program

(Part 685)

2015; 

(scheduled 

amendments 

to take effect 

7/1/2017)

OPE Students who 

intend to teach 

in high-need 

fields serving 

low-income 

students

148 Teacher 

Education 

Assistance for 

College and 

Higher 

Education 

(TEACH) Grant 

Program

(Part 686)

2010 OPE IHEs, students 

(with need)

149 Federal Pell 

Grant 

Program

(Part 690)

2009, 2012 OPE IHEs, students 

(with need) 

from rigorous 

secondary 

programs, 

students (with 

need) pursuing 

majors in the 

sciences, math, 

technology, 

engineering, or 

critical foreign 

language

APPENDIX 3

LIST OF EDUCATION REGULATIONS
51

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

150 Academic 

Competitivene

ss Grant (ACG) 

and National 

Science and 

Mathematics 

Access to 

Retain Talent 

Grant 

(National 

Smart Grant) 

Programs

(Part 691)

2010 OPE IHEs, states, 

students (with 

need)

151 Leveraging 

Educational 

Assistance 

Partnership 

Program 

(Part 692)

2014 OPE States, IHEs, 

LEAs, lowincome middle 

and secondary 

students

152 Gaining Early

Awareness 

and Readiness 

for 

Undergraduat

e Programs 

(GEAR UP)

(Part 694)

2014 OPE Students 

pursuing 

careers in adult 

education or 

adult literacy

APPENDIX 3

LIST OF EDUCATION REGULATIONS
52

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you will 

keep (K), modify (M), or 

Rescind (R) the entire part 

or specific sections.

Notes

154 Enforcement 

of 

Nondiscrimina

tion on the 

Basis of 

Handicap 

Programs or 

Activities 

Conducted by 

the National 

Council on 

Disability

(Part 1200)

1993

APPENDIX 3

LIST OF EDUCATION REGULATIONS
53

ED Regulations in Title 2 of the CFR

Title of ED 

Regulation

(CFR part)

Most Recent 

Amendments

POC Stakeholders 

Affected by 

Regulations

Specify whether you 

will keep (K), modify 

(M), or Rescind (R) 

the entire part or 

specific sections.

Notes

1a Uniform 

Administrati

ve 

Requirement

s, Cost 

Principles, 

and Audit 

Requirement

s for Federal 

Awards 

(current 

version)

(Part 3474)

2017 OET ED, grantees K

2a Nonprocure

ment 

Debarment 

and 

Suspension

(Part 3485) 

2012 ODSRMSED, grantees K

APPENDIX 3

LIST OF EDUCATION REGULATIONS