Office of Elementary and Secondary Education

Regulations Rescinded (Outdated or Superseded)

August 2018

On August 22, 2018, the U.S. Department of Education (Department) published a notice in 

the Federal Register indicating that several regulations in 34 C.F.R. Parts 200, 237, and 299 are 

being removed because they have been superseded, in whole or significant part, by changes in 

the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student 

Succeeds Act (ESSA), or were issued to implement a program that is no longer funded. The 

Department anticipates that these deregulatory actions will have no effect on the current 

operation of the Department’s grant programs. 

The Department is continuing to review its other existing regulations thoroughly. To the 

extent the Secretary can identify further opportunities for regulatory reform to reduce burden or 

increase flexibility, the Secretary will take appropriate action to revise or eliminate existing 

regulations. Such action will occur separately from this rescission. To the extent that additional 

amendments to existing regulations or new regulations are needed to implement changes to the 

ESEA by the ESSA, they will also be issued separately from this document. Any determination 

to issue new regulations will be carefully considered to ensure that it is consistent with the 

President's regulatory reform efforts and the principles in Executive Orders 12866 and 13771.

This document identifies the regulations that are no longer in effect due to the rescissions and 

the reason each has been rescinded.

34 CFR RIN Program Subject Reason for Rescinding

§200.7 1810-

AB41

Title I, Part A, Improving 

Basic Programs Operated 

by Local Educational 

Agencies (LEAs)

Disaggregation 

of Data

Superseded. Changes in law 

resulting from amendments 

to the ESEA made by the 

ESSA.

§200.12 1810-

AB39

Title I, Part A, Improving 

Basic Programs Operated 

by LEAs

State 

Accountability 

System

Superseded. Changes in law 

resulting from amendments 

to the ESEA made by the 

ESSA.

§200.13-

200.22

1810-

AB40

Title I, Part A, Improving 

Basic Programs Operated 

by LEAs

Adequate 

Yearly 

Progress

Superseded. Changes in law 

resulting from amendments 

to the ESEA made by the 

ESSA.

§200.27-

200.28

1810-

AB42

Title I, Part A, Improving 

Basic Programs Operated 

by LEAs

Schoolwide 

Programs

Superseded. Changes in law 

resulting from amendments 

to the ESEA made by the 

ESSA.

§200.30-

200.53

1810-

AB43

Title I, Part A, Improving 

Basic Programs Operated 

by LEAs

LEA and 

School 

Improvement

Superseded. Changes in law 

resulting from amendments 

to the ESEA made by the 

ESSA.

§200.55-

200.57

1810-

AB44

Title I, Part A, Improving 

Basic Programs Operated 

by LEAs

Highly 

Qualified

Teachers and 

Superseded. Changes in law 

resulting from amendments 

to the ESEA made by the 

ESSA.
2

34 CFR RIN Program Subject Reason for Rescinding

Duties of 

Paraprofession

als

§200.80 1810-

AB36

Title I, Part B Even Start 

Family Literacy Program

Migrant 

Education 

Even Start 

Program

Outdated and no longer 

needed. ESSA removed the 

authority for this program.

§200.81(d)

,(f)-(h), 

and 

§200.89(a)

1810-

AB48

Title I, Part C Migrant 

Education Program (MEP)

Program 

Definitions and 

MEP 

Allocations

Superseded. Changes in law 

resulting from amendments 

to the ESEA made by the 

ESSA.

Part 237 1810-

AB37

Christa McAuliffe 

Fellowship Program

Christa 

McAuliffe 

Fellowship 

Program

Outdated. This program is 

no longer authorized under 

the Higher Education Act. 

The program was last 

funded in 1995.

Part 299 1810-

AB38

Empowerment Zone or 

Enterprise Community--

Priority

Empowerment 

Zone or 

Enterprise 

Community--

Priority

Outdated. The last 

Congressional extension of 

tax benefits to 

Empowerment Zones 

ended in 2017 and, thus, 

the program is no longer 

viable.