DEPARTMENT OF EDUCATION 

Office of the Secretary

34 CFR Subtitles A and B

Unified Agenda of Federal Regulatory and Deregulatory Actions

AGENCY: Office of the Secretary, Department of Education. 

ACTION: Semiannual regulatory agenda. 

SUMMARY: The Secretary of Education publishes a semiannual agenda of Federal regulatory and 

deregulatory actions. The agenda is issued under the authority of section 4(b) of Executive Order 12866 

"Regulatory Planning and Review." The purpose of the agenda is to encourage more effective public 

participation in the regulatory process by providing the public with early information about regulatory 

actions we plan to take. 

FOR FURTHER INFORMATION CONTACT: Questions or comments related to specific regulations 

listed in this agenda should be directed to the agency contact listed for the regulations. Other questions 

or comments on this agenda should be directed to LaTanya Cannady, Program Specialist, or Hilary 

Malawer, Deputy Assistant General Counsel, Division of Regulatory Services, Office of the General 

Counsel, Department of Education, Room 6C131, 400 Maryland Avenue SW., Washington, DC 20202-

2241; telephone: (202) 401-9676 (LaTanya Cannady) or (202) 401-6148 (Hilary Malawer). Individuals 

who use a telecommunications device for the deaf (TDD) or a text telephone (TTY) may call the Federal 

Relay Service (FRS) at 1-800-877-8339. 

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
SUPPLEMENTARY INFORMATION: Section 4(b) of Executive Order 12866, dated September 30, 

1993, requires the Department of Education (ED) to publish, at a time and in a manner specified by the 

Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, an 

agenda of all regulations under development or review. The Regulatory Flexibility Act, 5 U.S.C. 602(a), 

requires ED to publish, in October and April of each year, a regulatory flexibility agenda. 

The regulatory flexibility agenda may be combined with any other agenda that satisfies the statutory 

requirements (5 U.S.C. 605(a)). In compliance with the Executive order and the Regulatory Flexibility Act, 

the Secretary publishes this agenda. 

For each set of regulations listed, the agenda provides the title of the document, the type of document, a 

citation to any rulemaking or other action taken since publication of the most recent agenda, and planned 

dates of future rulemaking. In addition, the agenda provides the following information: 

• An abstract that includes a description of the problem to be addressed, any principal alternatives 

being considered, and potential costs and benefits of the action. 

• An indication of whether the planned action is likely to have significant economic impact on a 

substantial number of small entities as defined by the Regulatory Flexibility Act (5 U.S.C. 601(6)). 

• A reference to where a reader can find the current regulations in the Code of Federal 

Regulations. 

• A citation of legal authority. 

• The name, address, and telephone number of the contact person at ED from whom a reader can 

obtain additional information regarding the planned action. 

In accordance with ED's Principles for Regulating listed in its regulatory plan (78 FR 1361, published 

January 8, 2013), ED is committed to regulations that improve the quality and equality of services to its 

customers. ED will regulate only if absolutely necessary and then in the most flexible, most equitable, 

least burdensome way possible. 

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Interested members of the public are invited to comment on any of the items listed in this agenda that 

they believe are not consistent with the Principles for Regulating. Members of the public are also invited 

to comment on any uncompleted actions in this agenda that ED plans to review under section 610 of the 

Regulatory Flexibility Act (5 U.S.C. 610) to determine their economic impact on small entities. 

This publication does not impose any binding obligation on ED with regard to any specific item in the 

agenda. ED may elect not to pursue any of the regulatory actions listed here, and regulatory action in 

addition to the items listed is not precluded. Dates of future regulatory actions are subject to revision in 

subsequent agendas. 

Electronic Access to This Document 

The entire Unified Agenda is published electronically and is available online at www.reginfo.gov. 

NAME: Philip Rosenfelt,

Deputy General Counsel, delegated the authority to perform the functions and duties of the General 

Counsel. 

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
The 20 Regulatory Agendas

Office of the General Counsel - Final Rule

Title

Regulation 

Identifier 

Number

Rosa's Law 1801-AA11

Office of Elementary and Secondary Education - Proposed Rule

Title

Regulation 

Identifier 

Number

Improving the Academic Achievement of the Disadvantaged, Title I, Subpart C--Migrant Education Programs 1810-AB02

Title I--Improving the Academic Achievement of the Disadvantaged 1810-AB16

Office of Elementary and Secondary Education - Completed Action

Title

Regulation 

Identifier 

Number

Race to the Top--District 1810-AB17

Race to the Top--Early Learning Challenge 1810-AB18

Office of Special Education and Rehabilitative Services - Proposed Rule

Title

Regulation 

Identifier 

Number

Assistance to States for the Education of Children with Disabilities--Maintenance of Effort 1820-AB65

American Indian Vocational Rehabilitation Services Program 1820-AB66

Disability and Rehabilitation Research Projects and Centers Program; Disability and Rehabilitation Research: Research

Fellowships; Special Projects and Demonstrations for Spinal Cord Injuries 1820-AB67

Office of Postsecondary Education - Proposed Rule

Title

Regulation 

Identifier 

Number

Teacher Quality Enhancement--State and Institutional Report Cards 1840-AD07

Titles III and V of the Higher Education Act of 1965, as Amended 1840-AD08

Negotiated Rulemaking Under Title IV of HEA 1840-AD14

Gainful Employment 1840-AD15

Negotiated Rulemaking for the Violence Against Women Act 1840-AD16

Office of Postsecondary Education - Final Rule

Title

Regulation 

Identifier 

Number

150% Regulations 1840-AD13

Office of Postsecondary Education - Completed Action

Title

Regulation 

Identifier 

Number

Transitioning from the FFEL Program to the Direct Loan Program and Loan Rehabilitation Under the FFEL, Direct Loan,

and Perkins Loan Programs 1840-AD12

Office of Management - Completed Action

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Title

Regulation 

Identifier 

Number

Student Assistance General Provisions--Electronic Filing System 1880-AA87

Office of the Chief Financial Officer - Proposed Rule

Title

Regulation 

Identifier 

Number

Department of Education Acquisition Regulation 1890-AA18

Office of the Chief Financial Officer - Completed Action

Title

Regulation 

Identifier 

Number

Direct Grant Programs and Definitions That Apply to Department Regulations 1890-AA14

Office of Secretary - Proposed Rule

Title

Regulation 

Identifier 

Number

Secretary's Supplemental Priorities 1894-AA04

Promise Zones 1894-AA05

Department of Education (ED) 

Office of the General Counsel ( EDOGC ) RIN: 1801-AA11

 View Related Documents

Title: Rosa's Law

Abstract: Rosa's Law (Pub. L. 111-256) changes the reference to "mental retardation" in Federal law to "intellectual disability"

or "intellectual disabilities" and directs agencies to amend their regulations accordingly. The final rule implements this statutory

change in applicable Department of Education (Department) regulations.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 34 CFR 104; 34 CFR 105; 34 CFR 222; 34 CFR 300; 34 CFR 350; 34 CFR 361; 34 CFR 369; 34 CFR 373; 34

CFR 376; 34 CFR 377; 34 CFR 385; 34 CFR 668; 34 CFR 674; 34 CFR 1200 (To search for a specific CFR, visit the Code of

Federal Regulations ) 

Legal Authority: PL 111-256

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 12/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Agency Contact: Michael Gross Department of Education

Office of the General Counsel

Room 6E231, 400 Maryland Avenue SW., Washington, DC 20202

Washington , DC 20202 

Phone: 202 708-5727

E-Mail: michael.gross@ed.gov

Department of Education (ED)

Office of Elementary and Secondary Education ( OESE ) RIN: 1810-AB02

 View Related Documents

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Title: Improving the Academic Achievement of the Disadvantaged, Title I, Subpart C--Migrant Education Programs

Abstract: These proposed regulations would govern the submission of records to, and receipt of information from, the Migrant

Student Information Exchange, a congressionally mandated national mechanism for electronically exchanging records on

migrant students. They also would condition a State educational agency's receipt of Migrant Education Program funds on its

agreement to meet those regulations. The mechanism allows school staffs in different States to electronically exchange basic

health and educational information to facilitate, for migrant children, timely school enrollment, placement, and accrual of

secondary course credits.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 34 CFR 200 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 20 USC 6398

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State

Small Entities Affected: No Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Agency Contact: Lisa Gillette Department of Education

Office of Elementary and Secondary Education

Room 3E313, 400 Maryland Avenue SW., Washington, DC 20202

Washington , DC 20202 

Phone: 202 260-1426

E-Mail: lisa.gillette@ed.gov

Department of Education (ED)

Office of Elementary and Secondary Education ( OESE ) RIN: 1810-AB16

 View Related Documents

Title: Title I--Improving the Academic Achievement of the Disadvantaged

Abstract: The Secretary proposes to amend the regulations governing title I, part A of the Elementary and Secondary

Education Act of 1965, as amended (ESEA), to phase out the authority of States to define modified academic achievement

standards and develop alternate assessments based on those modified academic achievement standards in order to satisfy

ESEA accountability requirements. These proposed amendments would permit, as a transitional measure, States that meet

certain criteria to continue to administer alternate assessments based on modified academic achievement standards and include

the results in accountability determinations, subject to limitations on the number of proficient scores that may be counted, for a

limited period of time.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 34 CFR 200.1; 34 CFR 200.6 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 20 USC 6301 to 6578

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/23/2013 78 FR 52467 

NPRM Comment Period End 11/26/2013 

Final Action 04/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: No Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Agency Contact: Monique Chism Ph.D.

Director, Student Achievement and School Accountability Programs

Department of Education

Office of Elementary and Secondary Education

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Room 3W224, 400 Maryland Avenue SW., Washington, DC 20202

Washington , DC 20202 

Phone: 202 260-0826

Department of Education (ED)

Office of Elementary and Secondary Education ( OESE ) RIN: 1810-AB17

 View Related Documents

Title: Race to the Top--District

Abstract: The Secretary announces priorities, requirements, definitions, and selection criteria under the Race to the Top--

District program. The Race to the Top--District program builds on the experience of States and districts in implementing reforms

in the four core educational assurance areas--(1) adopting college and career-ready standards, (2) building data systems, (3)

developing, placing, and supporting effective teachers and principals, and (4) turning around the lowest-achieving schools--and

supports applicants that demonstrate how they can personalize education for all students in their schools. The Department

conducted one competition under the Race to the Top--District program in FY 2012, and we maintain the overall purpose and

structure of that competition in these regulations.

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action

Major: Yes Unfunded Mandates: No

CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Sec 14005 and 14006, Division A, of the American Recovery and Reinvestment Act of 2009; as amended by

sec 1832(b) of Division B of PL 112-10, the Department of Defense and Full-Year Continuing Appropriations Act, 2011; the

Department of Education Appropriations Act, 2012 (title III of Division F of PL 112-74, the Consolidated; Appropriations Act,

2012); and PL 113-6, the Department of Defense, Military Construction and Veterans Affairs, and Full-Year Continuing

Appropriations Act

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/16/2013 78 FR 22451 

NPRM Comment Period End 05/16/2013 

Final Action 08/06/2013 78 FR 47980 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State

Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Agency Contact: Meredith Farace Department of Education

Office of Elementary and Secondary Education

Office of the Deputy Secretary, Room 7E208, 400 Maryland Avenue SW., Washington, DC 20202

Washington , DC 20202 

Phone: 202 453-6800

E-Mail: racetothetop.district@ed.gov

Department of Education (ED)

Office of Elementary and Secondary Education ( OESE ) RIN: 1810-AB18

 View Related Documents

Title: Race to the Top--Early Learning Challenge

Abstract: The priorities, requirements, definitions, and selection criteria for the Race to the Top--Early Learning Challenge

program are intended to enable effective grantmaking and result in high-quality proposals. The program focuses Federal

financial resources on improving early learning and development for young children by supporting States' efforts to increase the

number and percentage of low-income and disadvantaged children in each age group of infants, toddlers, and preschoolers

who are enrolled in high-quality early learning and development programs; design and implement an integrated system of highquality early learning and development programs and services directly resulting in more children, especially those with high

needs, entering kindergarten ready to succeed in school and in life; and ensure that any use of assessments conforms with the

recommendations of the National Research Council reports on early childhood.

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action

Major: Yes Unfunded Mandates: No

CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations ) 

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Legal Authority: Sec 14005 and 14006, Division A, of the American Recovery and Reinvestment; act of 2009 as amended by

sec 1832(b) of Division B of PL 112-10, the Department of Defense and Full-Year Continuing Appropriations Act, 2011; the

Department of Education Appropriations Act, 2012 (title III of Division F of PL 112-74, the Consolidated Appropriations Act,

2012); and PL 113-6, the Department of Defense, Military Construction and Veterans Affairs, and Full-Year Continuing

Appropriations Act

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/20/2013 78 FR 29500 

NPRM Comment Period End 06/19/2013 

Final Action 08/30/2013 78 FR 53964 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Related RINs: Previously Reported as 1801-AA13

Agency Contact: Miriam Lund Department of Education

Office of Elementary and Secondary Education

Room 3E245, 400 Maryland Avenue SW., Washington, DC 20202

Washington , DC 20202 

Phone: 202 401-2871

Department of Education (ED)

Office of Special Education and Rehabilitative Services ( OSERS ) RIN: 1820-AB65

 View Related Documents

Title: Assistance to States for the Education of Children with Disabilities--Maintenance of Effort

Abstract: The Secretary proposes to amend regulations under part B of the Individuals with Disabilities Education Act (IDEA).

These regulations govern the Assistance to States for the Education of Children with Disabilities program, including the

Preschool Grants program. The Secretary seeks public comment on these proposed amendments to the regulations regarding

local maintenance of effort to clarify existing policy and make other related changes regarding the compliance standard, the

eligibility standard, the level of effort required of a local educational agency (LEA) in the year after it fails to maintain effort

under section 613(a)(2)(A)(iii) of the IDEA, and the consequence of the failure to maintain effort.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 34 CFR 300 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 20 USC 1221e-3; 1406; 1411-1419

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/18/2013 78 FR 57324 

NPRM Comment Period End 12/02/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Agency Contact: Mary Louise Dirrigl Department of Education

Office of Special Education and Rehabilitative Services

Room 5156, 400 Maryland Avenue SW., Washington, DC 20202

Washington , DC 20202 

Phone: 202 245-7324

E-Mail: mary.louise.dirrigl@ed.gov

Department of Education (ED)

Office of Special Education and Rehabilitative Services ( OSERS ) RIN: 1820-AB66

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
 View Related Documents

Title: American Indian Vocational Rehabilitation Services Program

Abstract: The Secretary proposes to amend the regulations for the American Indian Vocational Rehabilitation Services

Program to clarify eligibility and other requirements.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 34 CFR 371 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 741

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Agency Contact: Mary Louise Dirrigl Department of Education

Office of Special Education and Rehabilitative Services

Room 5156, 400 Maryland Avenue SW., Washington, DC 20202

Washington , DC 20202 

Phone: 202 245-7324

E-Mail: mary.louise.dirrigl@ed.gov

Department of Education (ED)

Office of Special Education and Rehabilitative Services ( OSERS ) RIN: 1820-AB67

 View Related Documents

Title: Disability and Rehabilitation Research Projects and Centers Program; Disability and Rehabilitation Research: Research

Fellowships; Special Projects and Demonstrations for Spinal Cord Injuries

Abstract: The Secretary proposes to amend the regulations governing the disability and rehabilitation research discretionary

grant programs authorized under title II of the Rehabilitation Act of 1973, as amended. These changes would increase the

relevance, scientific quality, balance, and innovation of the research and development projects that the Department funds under

these programs.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 34 CFR 350; 34 CFR 356; 34 CFR 359 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 762 and 764(a)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Agency Contact: Mary Louise Dirrigl Department of Education

Office of Special Education and Rehabilitative Services

Room 5156, 400 Maryland Avenue SW., Washington, DC 20202

Washington , DC 20202 

Phone: 202 245-7324

E-Mail: mary.louise.dirrigl@ed.gov

Department of Education (ED)

9

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Office of Postsecondary Education ( OPE ) RIN: 1840-AD07

 View Related Documents

Title: Teacher Quality Enhancement--State and Institutional Report Cards

Abstract: The Secretary proposes (1) regulations under title II of the Higher Education Act so that annual State report cards on

teacher preparation submitted to the Department as part of the title II reporting system provide more meaningful data on the

performance of each teacher preparation program in the State, and (2) to amend the regulations governing the Teacher

Education Assistance for College and Higher Education (TEACH) Grant Program under title IV of the HEA so as to condition

TEACH Grant Program funding on teacher preparation program quality and to update, clarify, and improve the current

regulations and align them with title II reporting system data.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 34 CFR 612; 34 CFR 686 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 20 USC 1022d

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: No Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Agency Contact: Sophia McArdle Department of Education

Office of Postsecondary Education

Room 8019, 1990 K Street NW., Washington, DC 20006-8544

Washington , DC 20006-8544 

Phone: 202 219-7078

E-Mail: sophia.mcardle@ed.gov

Department of Education (ED)

Office of Postsecondary Education ( OPE ) RIN: 1840-AD08

 View Related Documents

Title: Titles III and V of the Higher Education Act of 1965, as Amended

Abstract: The Secretary proposes to amend the regulations in 34 CFR 606 through 609, and create new regulations under 34

CFR parts 605 and 610, to implement statutory changes made to titles III and V of the Higher Education Act of 1965, as

amended. The amendments will update and clarify existing program regulations and create regulations for newly established

programs.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 34 CFR 606; 34 CFR 607; 34 CFR 608; 34 CFR 609 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 20 USC 1051 to 1068h; 20 USC 1101 to 1103g

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/00/2014 

Additional Information: Includes Retrospective Review under EO 13563.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Agency Contact: Ashley Higgins Department of Education

Office of Postsecondary Education

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Room 8050, 1990 K Street NW., Washington, DC 20006

Washington , DC 20006 

Phone: 202 219-7061

E-Mail: ashley.higgins@ed.gov

Department of Education (ED)

Office of Postsecondary Education ( OPE ) RIN: 1840-AD14

 View Related Documents

Title: Negotiated Rulemaking Under Title IV of HEA

Abstract: The Department proposes to commence negotiated rulemaking for the Federal Student Aid programs authorized

under title IV of the Higher Education Act of 1965, as amended (HEA). Areas under consideration for negotiation are: cash

management of funds provided under the title IV Federal Student Aid programs, State authorization for programs offered

through distance education or correspondence education, State authorization for foreign locations of institutions located in a

State, clock-to-credit hour conversion, and the definition of "adverse credit" for borrowers in the Federal Direct PLUS Loan

Program.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 34 CFR 600; 34 CFR 668; 34 CFR 685 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Title IV of the Higher Education Act of 1965, as amended

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Agency Contact: Gail McLarnon Department of Education

Office of Postsecondary Education

Room 8026, 1990 K Street NW., Washington, DC 20006

Washington , DC 20006 

Phone: 202 219-7048

E-Mail: gail.mclarnon@ed.gov

Department of Education (ED)

Office of Postsecondary Education ( OPE ) RIN: 1840-AD15

 View Related Documents

Title: Gainful Employment

Abstract: The Secretary proposes amendments to the regulations for the Federal Student Aid programs authorized under title

IV of the Higher Education Act of 1965, as amended (HEA). The proposed amendments follow a negotiated rulemaking

conducted by the Department in the fall of 2013. Specifically, a negotiating committee met in September and November of 2013

to prepare proposed regulations regarding measures for determining whether certain postsecondary educational programs lead

to gainful employment in a recognized occupation, the conditions under which these educational programs remain eligible for

the title IV Federal Student Aid programs, and requirements for reporting and disclosure of relevant information.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 34 CFR 668 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 20 USC 1001 to 1003; 20 USC 1070g; 20 USC 1085; 20 USC 1088; 20 USC 1091 to 1092; 20 USC 1094;

20 USC 1099c; 20 USC 1099c-1

Legal Deadline: None

Regulatory Plan:

Statement of Need: The Secretary proposes amendments to the regulations for the title IV, HEA Federal Student Aid

programs. The proposed amendments follow a negotiated rulemaking conducted by the Department in September and

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
November of 2013 to prepare proposed regulations regarding measures for determining whether certain postsecondary

educational programs lead to gainful employment in a recognized occupation, the conditions under which these educational

programs remain eligible for the title IV Federal Student Aid programs, and requirements for reporting and disclosure of relevant

information.

Legal Basis: The Secretary proposes amendments to the regulations for the Federal Student Aid programs authorized under

title IV of the Higher Education Act of 1965, as amended (HEA).

Alternatives: To be determined.

Costs and Benefits: To be determined.

Risks: To be determined.

Timetable:

Action Date FR Cite

NPRM 02/00/2014 

Regulatory Flexibility Analysis Required: Business;

Organizations Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: John A. Kolotos Department of Education

Office of Postsecondary Education

Room 8018, 1990 K Street NW., Washington, DC 20006-8502

Washington , DC 20006-8502 

Phone: 202 502-7762

E-Mail: john.kolotos@ed.gov

Department of Education (ED)

Office of Postsecondary Education ( OPE ) RIN: 1840-AD16

 View Related Documents

Title: Negotiated Rulemaking for the Violence Against Women Act

Abstract: We announce our intention to establish a negotiated rulemaking committee to prepare proposed regulations to

address the changes to the campus safety and security reporting requirements in the Jeanne Clery Disclosure of Campus

Security Policy and Campus Crime Statistics Act (Clery Act), made by the Violence Against Women Reauthorization Act of 2013

(VAWA). The committee will include representatives of organizations or groups with interests that are significantly affected by the

subject matter of the proposed regulations. We request nominations for individual negotiators who represent key stakeholder

constituencies for the issues to be negotiated to serve on the committee, and we set a schedule for committee meetings.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Title IV of the Higher Education Act of 1965, as amended

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Public Comment URL: www.regulations.gov

Agency Contact: Gail McLarnon Department of Education

Office of Postsecondary Education

Room 8026, 1990 K Street NW., Washington, DC 20006

Washington , DC 20006 

Phone: 202 219-7048

E-Mail: gail.mclarnon@ed.gov

Department of Education (ED)

12

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Office of Postsecondary Education ( OPE ) RIN: 1840-AD13

 View Related Documents

Title: 150% Regulations

Abstract: We are announcing final regulations to implement Public Law 112-141, which made changes to section 455 of the

Higher Education Act of 1965, as amended (HEA). Specifically, we are regulating to implement the following: (1) a new borrower

on or after July 1, 2013, becomes ineligible to receive additional Direct Subsidized Loans if the period during which the borrower

has received such loans exceeds 150% of the published length of the borrower's educational program, and (2) interest on all

Direct Subsidized Loans that were disbursed to such borrower on or after July 1, 2013, will accrue.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 34 CFR ch VI (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 112-141

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 05/16/2013 78 FR 28954 

Interim Final Rule Comment Period End 07/01/2013 

Final Rule 01/00/2014 

Regulatory Flexibility Analysis Required: Business;

Governmental Jurisdictions Government Levels Affected: Federal; Local; State

Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Agency Contact: Nathan Arnold Department of Education

Office of Postsecondary Education

Room 8084, 1990 K Street NW., Washington, DC 20006

Washington , DC 20006 

Phone: 202 219-7134

E-Mail: nathan.arnold@ed.gov

Department of Education (ED)

Office of Postsecondary Education ( OPE ) RIN: 1840-AD12

 View Related Documents

Title: Transitioning from the FFEL Program to the Direct Loan Program and Loan Rehabilitation Under the FFEL, Direct Loan,

and Perkins Loan Programs

Abstract: The Secretary amends the title IV, HEA student assistance regulations to (a) reflect that, as of July 1, 2010, under

the SAFRA Act, no new FFEL Program loans will be made, (b) clarify for borrowers using the rehabilitation option to get out of

default on their loans how reasonable and affordable will be defined, and (c) make other improvements to the Direct Loan,

FFEL, and Perkins Loan programs.

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action

Major: Yes Unfunded Mandates: No

CFR Citation: 34 CFR ch VI (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 20 USC 1070a; 20 USC 1071 to 1087-4; 20 USC 1087a to 1087j; 20 USC 1098e; PL 111-152

Legal Deadline: None

Regulatory Plan:

Statement of Need: The regulations are needed to amend the FFEL and Direct Loan program regulations to reflect changes

made to the Higher Education Act of 1965, as amended (HEA), by the SAFRA Act included in the Health Care and Education

Reconciliation Act of 2010; incorporate other recent statutory changes in the Direct Loan Program regulations; update,

strengthen, and clarify various areas of the Student Assistance General Provisions, Perkins Loan, FFEL, and Direct Loan

program regulations; and provide for greater consistency in the regulations governing the title IV, HEA student loan programs.

Legal Basis:

Alternatives:

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Costs and Benefits: We provide a comprehensive discussion of the anticipated costs and benefits in the NPRM.

Risks:

Timetable:

Action Date FR Cite

NPRM 07/29/2013 78 FR 45618 

NPRM Comment Period End 08/28/2013 

Final Action 11/01/2013 78 FR 65768 

Additional Information: Includes Retrospective Review under EO 13563.

Regulatory Flexibility Analysis Required: Business;

Governmental Jurisdictions Government Levels Affected: No

Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Agency Contact: Lynn Mahaffie Department of Education

Office of Postsecondary Education

Room 6107, 1990 K Street NW., Washington, DC 20006

Washington , DC 20006 

Phone: 202 502-7903

E-Mail: lynn.mahaffie@ed.gov

Department of Education (ED)

Office of Management ( OM ) RIN: 1880-AA87

 View Related Documents

Title: Student Assistance General Provisions--Electronic Filing System

Abstract: We are amending the Student Assistance General Provisions regulations to implement the Office of Hearings and

Appeals (OHA) Electronic Filing System. This system provides a Web-based interface for the submission of documents in

administrative litigation involving enforcement and compliance with requirements of title IV, HEA programs. The OHA Electronic

Filing System permits documents to be submitted electronically in an Adobe Portable Document Format directly to OHA through

standard Web-based screens and prompts.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 34 CFR 668 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 20 USC 1001 to 1003; 1070g; 1085;

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 08/07/2013 78 FR 48048 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Agency Contact: Frank Furey 

Office of Hearings and Appeals

Department of Education

Office of Management

400 Maryland Avenue SW., L'Enfant Plaza, Washington, DC 20202-4533

Washington , DC 20202-4533 

Phone: 202 732-1828

Department of Education (ED)

Office of the Chief Financial Officer ( OCFO ) RIN: 1890-AA18

 View Related Documents

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Title: Department of Education Acquisition Regulation

Abstract: The Secretary proposes to modify the Department of Education Acquisition Regulation (EDAR) in order to update it

to accurately implement the current Federal Acquisition Regulation (FAR) and Department policies.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 34 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Roscoe Price Department of Education

Office of the Chief Financial Officer

Room 4W321, 550 12th Street SW. Suite 7172, Washington, DC 20202

Washington , DC 20202 

Phone: 202 245-6222

E-Mail: roscoe.price@ed.gov

Department of Education (ED)

Office of the Chief Financial Officer ( OCFO ) RIN: 1890-AA14

 View Related Documents

Title: Direct Grant Programs and Definitions That Apply to Department Regulations

Abstract: The Secretary amends the Education Department General Administrative Regulations (EDGAR), 34 CFR parts 74

through 99, regarding the award and administration of grants and cooperative agreements under the Department's discretionary

grant programs. These amendments strengthen selection criteria by including evidence standards and other provisions that will

improve the likelihood of collecting credible information on grantee performance.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 34 CFR 75; 34 CFR 77 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 20 USC 1221e-3; 20 USC 3474

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/14/2012 77 FR 74392 

NPRM Comment Period End 02/12/2013 

Final Action 08/13/2013 78 FR 49338 

Additional Information: Includes Retrospective Review under EO 13563.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Agency Contact: Margo Anderson 

Office of Innovation and Improvement

Department of Education

Office of the Chief Financial Officer

Room 4W321, 400 Maryland Avenue SW., Washington, DC 22204

Washington , DC 22204 

Phone: 202 205-3010

E-Mail: margo.anderson@ed.gov

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Department of Education (ED) 

Office of Secretary ( OS ) RIN: 1894-AA04

 View Related Documents

Title: Secretary's Supplemental Priorities

Abstract: The Department proposes to amend the Secretary's priorities for discretionary grant programs to improve the

priorities based on past experience and to update them to meet changing needs. The priorities and related definitions would be

used for any appropriate discretionary grant program and are intended to focus Federal financial assistance on expanding the

number of Department programs and projects that support activities in areas of greatest educational need.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 20 USC 1221e-3; 3474

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Agency Contact: Margo Anderson 

Office of Innovation and Improvement

Department of Education

Office of Secretary

Room 4W321, 400 Maryland Avenue SW., Washington, DC 22204

Washington , DC 22204 

Phone: 202 205-3010

E-Mail: margo.anderson@ed.gov

Department of Education (ED)

Office of Secretary ( OS ) RIN: 1894-AA05

 View Related Documents

Title: Promise Zones

Abstract: Through this action, the Secretary proposes a priority for projects that are designed to address the needs of the

target population living in or attending schools in at least one community designated as a Promise Zone. This priority would be

used for any appropriate discretionary grant program and is intended to focus Federal financial assistance on expanding the

number of Department programs and projects that support activities to support these needs.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 20 USC 1221e-3; 20 USC 3474

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/25/2013 78 FR 63913 

NPRM Comment Period End 11/25/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Margo Anderson 

Office of Innovation and Improvement

Department of Education

Office of Secretary

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Room 4W321, 400 Maryland Avenue SW., Washington, DC 22204

Washington , DC 22204 

Phone: 202 205-3010

E-Mail: margo.anderson@ed.gov

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda