DEPARTMENT OF EDUCATION 

Statement of Regulatory Priorities 

I. Introduction 

 The U.S. Department of Education (Department) supports States, local communities, institutions of 

higher education, and others in improving education nationwide and in helping to ensure that all 

Americans receive a quality education. We provide leadership and financial assistance pertaining to 

education at all levels to a wide range of stakeholders and individuals, including State educational 

agencies, local school districts, providers of early learning programs, elementary and secondary schools, 

institutions of higher education, career and technical schools, nonprofit organizations, postsecondary 

students, members of the public, families, and many others. These efforts are helping to ensure that all 

children and students from pre-kindergarten through grade 12 will be ready for, and succeed in, 

postsecondary education and that student attending postsecondary institutions are prepared for a 

profession or career. 

 We also vigorously monitor and enforce the implementation of Federal civil rights laws in educational 

programs and activities that receive Federal financial assistance, and support innovative programs, 

research and evaluation activities, technical assistance, and the dissemination of research and evaluation 

findings to improve the quality of education. 

 Overall, the laws, regulations, and programs we administer will affect nearly every American during 

his or her life. Indeed, in the 2013-2014 school year about 55 million students will attend an estimated 

130,000 elementary and secondary schools in approximately 13,600 districts, and about 21 million 

students will enroll in degree-granting postsecondary schools. All of these students may benefit from 

some degree of financial assistance or support from the Department. 

 In developing and implementing regulations, guidance, technical assistance, and monitoring related 

to our programs, we are committed to working closely with affected persons and groups. Specifically, we 

work with a broad range of interested parties and the general public, including families, students, and 

educators; State, local, and tribal governments; and neighborhood groups, community-based early 

learning programs, elementary and secondary schools, colleges, rehabilitation service providers, adult 

Regulations.gov Tuesday, November 26, 2013 Regulatory Plan
education providers, professional associations, advocacy organizations, businesses, and labor 

organizations. 

 If we determine that it is necessary to develop regulations, we seek public participation at the key 

stages in the rulemaking process. We invite the public to submit comments on all proposed regulations 

through the Internet or by regular mail. We also continue to seek greater public participation in our 

rulemaking activities through the use of transparent and interactive rulemaking procedures and new 

technologies. 

 To facilitate the public's involvement, we participate in the Federal Docketing Management System 

(FDMS), an electronic single Governmentwide access point (www.regulations.gov) that enables the public 

to submit comments on different types of Federal regulatory documents and read and respond to 

comments submitted by other members of the public during the public comment period. This system 

provides the public with the opportunity to submit comments electronically on any notice of proposed 

rulemaking or interim final regulations open for comment, as well as read and print any supporting 

regulatory documents. 

 We are continuing to streamline information collections, reduce the burden on information providers 

involved in our programs, and make information easily accessible to the public. 

II. Regulatory Priorities 

A. The Higher Education Act of 1965, as Amended 

 Gainful Employment. 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. 

Regulations.gov Tuesday, November 26, 2013 Regulatory Plan
 150% Regulations. The Secretary published interim final regulations with a request for public 

comment on May 16, 2013 (78 FR 28954), to amend the William D. Ford Federal Direct Loan Program 

(Direct Loan Program) regulations to reflect changes made to the program by the Moving Ahead for 

Progress in the 21st Century Act (MAP-21), Pub. L. 112-141. Specifically, these interim final regulations 

reflected the provisions in MAP-21 that amended the HEA to extend the 3.4 percent interest rate on 

Direct Subsidized Loans from July 1, 2012, through June 30, 2013, and to ensure that a new borrower on 

or after July 1, 2013, may not receive Direct Subsidized Loans for more than 150 percent of the published 

length of the educational program in which the borrower is enrolled. Under the changes made by MAP21, if the borrower exceeds this Direct Subsidized Loan limit, the borrower also becomes responsible for 

the accruing interest on the Direct Subsidized Loans. We intend to publish final regulations by January 

2014. 

B. Elementary and Secondary Education Act of 1965, as Amended

 In 2010 the Administration released the Blueprint for Reform: The Reauthorization of the 

Elementary and Secondary Education Act, the President’s plan for revising the Elementary and 

Secondary Education Act of 1965 (ESEA) and replacing the No Child Left Behind Act of 2001 (NCLB). 

The blueprint can be found at the following website: 

http://www2.ed.gov/policy/elsec/leg/blueprint/index.html. 

 Additionally, as we continue to work with Congress on reauthorizing the ESEA, we are implementing 

a plan to provide flexibility on certain provisions of current law for States that are willing to embrace 

reform. The mechanisms we are using will ensure continued accountability and commitment to quality 

education for all students while providing States with increased flexibility to implement State and local 

reforms to improve student achievement. 

C. Carl D. Perkins Career and Technical Education Act of 2006 

 In 2012, we released Investing in America’s Future: A Blueprint for Transforming Career and 

Technical Education, our plan for a reauthorized Carl D. Perkins Career and Technical Education Act of 

2006 (2006 Perkins Act). The Blueprint can be found at the following website: 

http://www2.ed.gov/about/offices/list/ovae/pi/cte/transforming-career-technical-education.pdf. 

Regulations.gov Tuesday, November 26, 2013 Regulatory Plan
 The 2006 Perkins Act made important changes in Federal support for career and technical education 

(CTE), such as the introduction of a requirement that all States offer “programs of study.” These changes 

in the 2006 Perkins Act helped to improve the learning experiences of CTE students but did not go far 

enough to systemically create better outcomes for students and employers competing in a 21st-century 

global economy. The Administration’s Blueprint would usher in a new era of rigorous, relevant, and 

results-driven CTE shaped by four core principles: (1) Alignment. Effective alignment between highquality CTE programs and labor market needs to equip students with 21st-century skills and prepare 

them for in-demand occupations in high-growth industry sectors; (2) Collaboration. Strong collaboration 

among secondary and postsecondary institutions, employers, and industry partners to improve the quality 

of CTE programs; (3) Accountability. Meaningful accountability for improving academic outcomes and 

building technical and employability skills in CTE programs for all students, based upon common 

definitions and clear metrics for performance; and (4) Innovation. Increased emphasis on innovation 

supported by systemic reform of State policies and practices to support CTE implementation of effective 

practices at the local level. The Administration’s Blueprint proposal reflects a commitment to promoting 

equity and quality across these alignment, collaboration, accountability, and innovation efforts in order to 

ensure that more students have access to high-quality CTE programs. 

D. Individuals with Disabilities Education Act 

 The Secretary published a notice of proposed rulemaking on September 18, 2013 (78 FR 57324), to 

amend regulations under Part B of the Individuals with Disabilities Education Act (IDEA) regarding local 

maintenance of effort (MOE) to ensure that all parties involved in implementing, monitoring, and auditing 

local educational agency (LEA) compliance with MOE requirements understand the rules. Specifically, 

we are seeking public comment on proposed amendments to the regulation regarding local MOE to clarify 

existing policy and make other related changes regarding: (1) the compliance standard; (2) the eligibility 

standard; (3) the level of effort required of an LEA in the year after it fails to maintain effort under section 

613(a)(2)(A)(iii) of the IDEA; and (4) the consequence for a failure to maintain local effort. 

III. Retrospective Review of Existing Regulations 

 Pursuant to section 6 of Executive Order 13563 "Improving Regulation and Regulatory Review" (Jan. 

18, 2011), the following Regulatory Identifier Numbers (RINs) have been identified as associated with 

Regulations.gov Tuesday, November 26, 2013 Regulatory Plan
retrospective review and analysis in the Department’s final retrospective review of regulations plan. 

Some of the entries on this list may be completed actions that do not appear in The Regulatory Plan.

 However, more information can be found about these completed rulemakings in past publications of the 

Unified Agenda on Reginfo.gov in the Completed Actions section. These rulemakings can also be found 

on Regulations.gov. The final agency plan can be found at: www.ed.gov. 

RIN Title of Rulemaking Do we expect this rulemaking to 

significantly reduce burden on 

small businesses? 

1810-AB16 Title I—Improving the Academic 

Achievement of the 

Disadvantaged 

No. 

1820-AB64 Assistance to States for the 

Education of Children with 

Disabilities—Public Benefits or 

Insurance 

No. 

1820-AB65 Assistance to States for the 

Education of Children with 

Disabilities—Maintenance of 

Effort 

No. 

1820-AB66 American Indian Vocational 

Rehabilitation Services Program 

No. 

1820-AB67 Disability and Rehabilitation 

Research Projects and Centers 

Program: Disability and 

Rehabilitation Research: 

Research Fellowships; Special 

Projects and Demonstrations for 

Spinal Cord Injuries 

No. 

1840-AD05 Title IV of the Higher Education 

Act of 1965, as Amended--

Income-Based Repayment, 

Income-Contingent Repayment, 

and Total and Permanent 

Disability 

No. 

1840-AD08 Titles III and V of the Higher 

Education Act, as Amended 

No. 

1840-AD11 Federal Pell Grant Program Yes. 

Regulations.gov Tuesday, November 26, 2013 Regulatory Plan
1840-AD12 Transitioning from the FFEL 

Program to the Direct Loan 

Program and Loan Rehabilitation 

under the FFEL, Direct Loan, and 

Perkins Loan Programs 

Undetermined. 

1840-AD14 Negotiated Rulemaking Under 

Title IV of HEA 

Undetermined. 

1840-AD15 Gainful Employment No. 

1890-AA14 Direct Grant Programs and 

Definitions that Apply to 

Department Regulations 

No. 

IV. Principles for Regulating 

 Over the next year other regulations may be needed because of new legislation or programmatic 

changes. In developing and promulgating regulations we follow our Principles for Regulating, which 

determine when and how we will regulate. Through consistent application of the following principles, we 

have eliminated unnecessary regulations and identified situations in which major programs could be 

implemented without regulations or with limited regulatory action. 

 In deciding when to regulate, we consider the following: 

• Whether regulations are essential to promote quality and 

 equality of opportunity in education. 

• Whether a demonstrated problem cannot be resolved 

 without regulation. 

• Whether regulations are necessary to provide a legally 

 binding interpretation to resolve ambiguity. 

• Whether entities or situations subject to regulation are 

 similar enough that a uniform approach through regulation 

 would be meaningful and do more good than harm. 

• Whether regulations are needed to protect the Federal 

 interest, that is, to ensure that Federal funds are 

 used for their intended purpose and to eliminate fraud, 

Regulations.gov Tuesday, November 26, 2013 Regulatory Plan
 waste, and abuse. 

 In deciding how to regulate, we are mindful of the following principles: 

• Regulate no more than necessary. 

• Minimize burden to the extent possible, and promote 

 multiple approaches to meeting statutory requirements 

 if possible. 

• Encourage coordination of federally funded activities 

 with State and local reform activities. 

• Ensure that the benefits justify the costs of 

 regulating. 

• To the extent possible, establish performance objectives 

 rather than specify compliance behavior. 

• Encourage flexibility, to the extent possible and as 

 needed to enable institutional forces to achieve desired 

 results. 

 

Regulations.gov Tuesday, November 26, 2013 Regulatory Plan
file:///D|/Documents%20and%20Settings/rokon.uddin/Desktop/Rokon/Agency%20Plan/AgencyPlan_HTMLDocs/ED.html[11/25/2013 2:29:49 PM]

The 1 Actions Described in the Regulatory Plan

Title

Regulation 

Identifier

Number

Rulemaking 

Stage

Gainful Employment 1840-AD15 Proposed Rule Stage

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

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

Regulations.gov Tuesday, November 26, 2013 Regulatory Plan