## DE P A RTMENT 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

## fo r th e deaf (TDD) or a text telephone (TTY) may call the Federal Relay Service (FRS) at 1-800-

877-8339.

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 r e ference 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 (77 FR 7940,

published February 13, 2012), ED is committed to regulations that improve the quality of services

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

equitable, least burdensome way possible.

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. ED has determined that none of the uncompleted actions in

this agenda require review under section 610.

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.

## El e c tronic 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.The 24 Regulatory Agendas

Office of the General Counsel - Final Rule

Title Regulation Identifier Number

Rosa's Law 1801-AA11

Office of the General Counsel - Completed Action

Title Regulation Identifier Number
Adjustment of Civil Monetary Penalties for Inflation 1801-AA12

Office of Elementary and Secondary Education - Proposed Rule

Title Regulation Identifier Number
Improving the Academic Achievement of the Disadvantaged, 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

Teacher Incentive Fund 1810-AB12

Comprehensive Centers Program 1810-AB14

Race to the Top--Early Learning Challenge Phase 2 1810-AB15

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

Office of Special Education and Rehabilitative Services - Final Rule

Title Regulation Identifier Number

Assistance to States for the Education of Children With Disabilities--Public Benefits or Insurance 1820-AB64

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

Transitioning from the FFEL Program to the Direct Loan Program and Loan Rehabilitation under the FFEL, Direct Loan, and Perkins Loan Programs 1840-AD12

150% Regulations 1840-AD13

Office of Postsecondary Education - Final Rule

Title Regulation IdentifierNumber
Federal Pell Grant Program 1840-AD11

Office of Postsecondary Education - Completed Action

Title Regulation Identifier Number
Federal Perkins Loan Program, Federal Family Education Loan Program, and William D. Ford Federal Direct Loan Program 1840-AD05

Application and Approval Process for New Programs 1840-AD10

Office of Innovation and Improvement - Proposed Rule

Title Regulation Identifier Number

Investing in Innovation 1855-AA09

Office of Innovation and Improvement - Completed Action

Title Regulation Identifier Number
Magnet Schools Assistance Program 1855-AA07

Office of Management - Completed Action

Title Regulation Identifier Number

Family Educational Rights and Privacy 1880-AA86

Office of the Chief Financial Officer - Proposed Rule

Title Regulation Identifier Number
Direct Grant Programs and Definitions That Apply to Department Regulations 1890-AA14

Office of the Chief Financial Officer - Completed Action

Title Regulation Identifier Number
Department of Education Implementation of OMB Guidance on Nonprocurement Debarment and Suspension 1890-AA17

Office of Secretary - Completed Action

Title Regulation Identifier Number
State Fiscal Stabilization Fund Program and Discretionary and Other Formula Grant Programs 1894-AA02

State Fiscal Stabilization Fund Program 1894-AA03

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

View Related Documents

Title: Rosa's Law
Abstract: Rosa's Law, Public Law 111-256 (Rosa's Law), 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 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 ofFederal Regulations ) Legal Authority: PL 111-256 Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Final Rule 01/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No Energy Affected: No 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 the General Counsel ( EDOGC ) RIN: 1801-AA12

View Related Documents

Title: Adjustment of Civil Monetary Penalties for Inflation

Abstract: The Department of Education (Department) issues final regulations to adjust the Department's Civil Monetary Penalties (CMPs) for inflation, as required by the Federal Civil Penalties Inflation Adjustment Act of 1990. The Act (28 U.S.C. 2461 note) provides for the regular evaluation of Civil Monetary Penalties (CMPs) to ensure that they continue to maintain their deterrent value. The Inflation Adjustment Act requires that each agency issue regulations to adjust its CMPs beginning in 1996 and at least every four years thereafter. The Department published its most recent cost adjustment to each CMP in the Federal Register on January 4, 2005 (70 FR 297).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No
CFR Citation: 34 CFR 36 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 28 USC 2461 note Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Final Action 10/02/2012 77 FR 60047

Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: NoEnergy Affected: No Agency Contact: Peter Wathen-Dunn Office of General Counsel Department of Education Office of the General Counsel Room 6E207, 400 Maryland Avenue SW., Washington, DC 20202-2243 Washington , DC 20202-2243 Phone: 202 401-6697 E-Mail: peter.wathen-dunn@ed.gov

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

View Related Documents

Title: Improving the Academic Achievement of the Disadvantaged, 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

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 05/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined
Small Entities Affected: No Federalism: Undetermined Energy Affected: No
Public Comment URL: www.regulations.gov Agency Contact: Frances Moran Department of Education Office of Elementary and Secondary Education Room 3E331, 400 Maryland Avenue SW., Washington, DC 20202 Washington , DC 20202 Phone: 202 205-2895 E-Mail: frances.moran@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 satisfyESEA 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 6301-6578 Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 03/00/2013

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: Paul S Brown Department of Education Office of Elementary and Secondary Education Room 3C132, 400 Maryland Avenue SW, Washington, DC 20202 Washington , DC 20202 Phone: 202 260-0976

Department of Education (ED) Office of Elementary and Secondary Education ( OESE ) RIN: 1810-AB12

View Related Documents

Title: Teacher Incentive Fund
Abstract: The Secretary proposes priorities, requirements, definitions, and selection criteria that are designed to ensure that Teacher Incentive Fund grantees use high-quality LEA-wide evaluation and support systems that identify effective educators in order to improve instruction by informing performance-based compensation and other key human capital decisions.

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: PL 112-74 Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 02/29/2012 77 FR 12257NPRM Comment Period End 03/30/2012

Final Action 06/14/2012 77 FR 35758

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: Miriam Lund Department of Education Office of Elementary and Secondary Education 3E245, 400 Maryland Avenue SW., Washington, DC 20202 Washington , DC 20202 Phone: 202 401-2871

Department of Education (ED) Office of Elementary and Secondary Education ( OESE ) RIN: 1810-AB14

View Related Documents

Title: Comprehensive Centers Program

Abstract: The Secretary adopts priorities, requirements, and selection criteria for Comprehensive Centers program competitions to provide Federal financial assistance to eligible applicants seeking to provide technical assistance to help State educational agencies build their capacity to implement State-level initiatives and to support district- and school-level initiatives that improve educational outcomes for all students, close achievement gaps, and improve the quality of instruction.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No
CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 20 USC 9602 Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 01/23/2012 77 FR 3242

NPRM Comment Period End 02/22/2012

Final Action 06/06/2012 77 FR 33573

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: Fran Walter Department of Education Office of Elementary and Secondary Education Room 3W115, 400 Maryland Avenue SW., Washington, DC 20202 Washington , DC 20202 Phone: 202 205-9198 E-Mail: fran.walter@ed.gov

Department of Education (ED) Office of Elementary and Secondary Education ( OESE ) RIN: 1810-AB15

View Related DocumentsTitle: Race to the Top--Early Learning Challenge Phase 2

Abstract: The Secretary of Education and the Secretary of Health and Human Services issues final requirements for Phase 2 of the Race to the Top--Early Learning Challenge program. We take this action to establish the information and assurances that eligible applicants must provide in order to receive funding under the Race to the Top--Early Learning Challenge Phase 2 award
process.

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: ARRA as amended by PL 112-10 and PL 112-74 Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite Proposed Rule 06/20/2012 77 FR 36958

Comment Period End 07/20/2012

Final Action 09/20/2012 77 FR 58301

Final Action Effective 10/22/2012

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: Deborah Spitz Department of Education Office of Elementary and Secondary Education Room 3E230, 400 Maryland Avenue SW., Washington, DC 20202 Washington , DC 20202 Phone: 202 260-3793 E-Mail: deborah.spitz@ed.gov

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 regarding 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

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 06/00/2013

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: 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

View Related Documents

Title: American Indian Vocational Rehabilitation Services Program

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

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 04/00/2013

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: August Martin Department of Education Office of Special Education and Rehabilitative Services Room 5049, 550 12th Street SW., Washington, DC 20202 Washington , DC 20202 Phone: 202 245-7410 E-Mail: august.martin@ed.gov

Department of Education (ED) Office of Special Education and Rehabilitative Services ( OSERS ) RIN: 1820-AB64View Related Documents

Title: Assistance to States for the Education of Children With Disabilities--Public Benefits or Insurance

Abstract: These regulations implement changes regarding the use of public benefits or insurance under part B of the Individuals with Disabilities Education Act--Assistance to States for the Education of Children with Disabilities Program.

Priority: Other Significant Agenda Stage of Rulemaking: Final 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; 20 USC 1406; 20 USC 1411 to 1419 Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 09/28/2011 76 FR 60310

NPRM Comment Period End 12/12/2011

Final Action 12/00/2012

Additional Information: Includes Retrospective Review under E.O. 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: 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 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 programs 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: Substantive, Nonsignificant 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

Regulatory Plan:

Statement of Need:

Legal Basis:Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 03/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined
Small Entities Affected: No Federalism: No Energy Affected: No
Public Comment URL: www.regulations.gov Agency Contact: David Bergeron Department of Education Office of Postsecondary Education Room 8022, 1990 K Street NW., Washington, DC 20006 Washington , DC 20006 Phone: 202 502-7815 E-Mail: david.bergeron@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 and 607 to implement statutory changes made to titles III and V of the Higher Education Act of 1965, as amended.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No
CFR Citation: 34 CFR 606; 34 CFR 607 (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

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 04/00/2013

Additional Information: Includes Retrospective Review under E.O. 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: James Laws Department of Education Office of Postsecondary Education Room 6040, 1990 K Street NW., Washington , DC 20006 Washington , DC 20006 Phone: 202 502-7719 E-Mail: james.laws@ed.govDepartment 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 proposes amendments to 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) allow a borrower to get out of default on his or her loans if the borrower makes 9 reasonable and affordable payments over a 10-month period, and (c) make other improvements to the DL, FFEL, and Perkins Loan programs.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed 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: 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 proposed regulations are needed 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:

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

Risks:

Timetable:

Action Date FR Cite

NPRM 03/00/2013

Additional Information: Includes Retrospective Review under E.O. 13563.

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No
Federalism: No Energy Affected: No
Public Comment URL: www.regulations.gov Agency Contact: David Bergeron Department of Education Office of Postsecondary Education Room 8022, 1990 K Street NW., Washington, DC 20006 Washington , DC 20006 Phone: 202 502-7815 E-Mail: david.bergeron@ed.gov

Department of Education (ED) Office of Postsecondary Education ( OPE ) RIN: 1840-AD13

View Related Documents

Title: 150% Regulations
Abstract: We are proposing regulations to implement Public Law 112-14, 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, shall accrue.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed RuleMajor: Undetermined Unfunded Mandates: No
CFR Citation: 34 CFR ch VI (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 112-14 Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 06/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No Agency Contact: Nathan Arnold Department of Education Office of Postsecondary Education 1990 K Street NW., Room 8084, 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-AD11

View Related Documents

Title: Federal Pell Grant Program

Abstract: The final regulations amend part 690 to implement changes to the Higher Education Act of 1965, as amended (HEA). Specifically, the regulations are amended to reflect the changes in the HEA that eliminate student eligibility for two Pell Grants in an award year.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule Major: Yes Unfunded Mandates: No
CFR Citation: 34 CFR 690.63(h); 34 CFR 690.64(b); 34 CFR 690.67 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 112-10 Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 05/02/2012 77 FR 25893

Interim Final Rule Comment Period End 06/18/2012

Final Action 02/00/2013

Regulatory Flexibility Analysis Required: Organizations Government Levels Affected: No
Federalism: NoEnergy Affected: No
Public Comment URL: http://www.regulations.gov Agency Contact: Jacquelyn Butler Office of Postsecondary Education Department of Education Office of Postsecondary Education Room 8053, 1990 K Street NW., Washington, DC 20006-8502 Washington , DC 20006-8502 Phone: 202 502-7890 E-Mail: jacquelyn.butler@ed.gov

Department of Education (ED) Office of Postsecondary Education ( OPE ) RIN: 1840-AD05

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Title: Federal Perkins Loan Program, Federal Family Education Loan Program, and William D. Ford Federal Direct Loan Program
Abstract: The Secretary amends the Federal Perkins Loan (Perkins Loan) program, Federal Family Education Loan (FFEL) program, and William D. Ford Federal Direct Loan (Direct Loan) program regulations. The regulations would implement a new Income Contingent Repayment (ICR) plan in the Direct Loan program based on the President's "Pay As You Earn" repayment initiative, incorporate recent statutory changes to the Income Based Repayment (IBR) plan in the Direct Loan and FFEL programs, and streamline and add clarity to the total and permanent disability discharge process for borrowers in the title IV, HEA loan programs. The regulations implementing a new ICR Plan and the statutory changes to the IBR plan would assist borrowers in repaying their loans while the proposed changes to the total and permanent disability discharge process would reduce burden for borrowers who are disabled and seeking a discharge of their title IV debt.

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: These regulations are needed to reflect the provisions of the SAFRA Act (title II of the Health Care and Education Reconciliation Act of 2010).

Legal Basis: The SAFRA Act, title II of the Health Care and Education Reconciliation Act of 2010, Public Law 111-152.

Alternatives: Our discussion of alternatives is included in the final regulations.

Costs and Benefits: Estimates of the costs and benefits are included in the final regulations.

Risks: None.

Timetable:

Action Date FR Cite

NPRM 07/17/2012 77 FR 42085

NPRM Comment Period End 08/06/2012

Final Action 11/01/2012 77 FR 66088

Additional Information: Includes Retrospective Review under E.O. 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: David Bergeron Department of Education Office of Postsecondary Education Room 8022, 1990 K Street NW., Washington, DC 20006 Washington , DC 20006 Phone: 202 502-7815 E-Mail: david.bergeron@ed.govDepartment of Education (ED) Office of Postsecondary Education ( OPE ) RIN: 1840-AD10

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Title: Application and Approval Process for New Programs
Abstract: The Secretary amends the regulations for Institutional Eligibility under the Higher Education Act of 1965, as amended, to streamline the application and approval process for new educational programs that qualify for student financial assistance under title IV of the HEA.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No
CFR Citation: 34 CFR 600 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 20 USC 1088; 20 USC 1099c Legal Deadline: None

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Action Date FR Cite

NPRM 09/27/2011 76 FR 59864

NPRM Comment Period End 11/14/2011

Withdrawn 10/17/2012

Additional Information: Includes Retrospective Review under E.O. 13563 with small business burden reduction.

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No
Federalism: No
Public Comment URL: www.regulations.gov 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 Innovation and Improvement ( OII ) RIN: 1855-AA09

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Title: Investing in Innovation
Abstract: The Assistant Deputy Secretary for Innovation and Improvement proposes priorities, requirements, definitions, and selection criteria under the Investing in Innovation Fund (i3) program. The Assistant Deputy Secretary may use these priorities, requirements, definitions, and selection criteria for competitions in fiscal year (FY) 2013 and later years. The Department has conducted three competitions under the i3 program and awarded 72 i3 grants since the program was established. These proposed priorities, requirements, definitions, and selection criteria maintain the overall purpose and structure of the i3 program and incorporate changes based on specific lessons learned from the first three competitions.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule Major: Yes Unfunded Mandates: No
CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: ARRA as amended by PL 112-010 and PL 112-74 Legal Deadline: None

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Action Date FR Cite

NPRM 12/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No
Public Comment URL: www.regulations.gov Agency Contact: Margo Anderson Department of Education Office of Innovation and Improvement Room 4W311, 400 Maryland Avenue SW., Washington, DC 20202 Washington , DC 20202 Phone: 202 205-3010 E-Mail: margo.anderson@ed.gov

Department of Education (ED) Office of Innovation and Improvement ( OII ) RIN: 1855-AA07

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Title: Magnet Schools Assistance Program

Abstract: The Secretary amended the regulations governing the Magnet Schools Assistance Program (MSAP) to provide greater flexibility to school districts designing MSAP programs for the fiscal year (FY) 2010 grant competition. These changes removed provisions in the regulations that require districts to use binary racial classifications and prohibit the creation of magnet schools that result in minority group enrollments in magnet and feeder schools exceeding the district-wide average of minority group students. This flexibility is necessary to permit school districts interested in receiving funds under this program to determine how best to meet program requirements while also complying with U.S. Supreme Court case law, in particular the Court's decision in Parents Involved in Community Schools v. Seattle School District No 1 et al., 551 U.S. 701 (2007).

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No
CFR Citation: 34 CFR 280 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 20 USC 7231 to 7231j Legal Deadline: None

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Action Date FR Cite

Interim Final Rule 03/04/2010 75 FR 9777

Interim Final Rule Effective 03/04/2010

Interim Final Rule Comment Period End 04/05/2010

Interim Final Rule Comment Period Extended 04/26/2010 75 FR 21506

Interim Final Rule Comment Period Extended End 05/17/2010

Final Action 11/13/2012 77 FR 67572

Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: NoEnergy Affected: No
Public Comment URL: www.regulations.gov Agency Contact: Anna Hinton Department of Education Office of Innovation and Improvement Room 4W229, 400 Maryland Avenue SW., Washington, DC 20202 Washington , DC 20202 Phone: 202 260-1816 E-Mail: anna.hinton@ed.gov

Department of Education (ED) Office of Management ( OM ) RIN: 1880-AA86

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Title: Family Educational Rights and Privacy
Abstract: The Secretary amends the Department of Education's regulations under section 444 of the General Education Provisions Act, which is also known as the Family Educational Rights and Privacy Act of 1974, as amended (FERPA). These amendments will strengthen enforcement provisions under FERPA to cover additional recipients of information and clarify how States can effectively develop and use data in Statewide longitudinal data systems (SLDS), authorized under the American Recovery and Reinvestment Act of 2009 (ARRA), while ensuring protection of individual privacy under FERPA.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No
CFR Citation: 34 CFR 99 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 20 USC 1232g Legal Deadline: None

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Action Date FR Cite

NPRM 04/08/2011 76 FR 19726

NPRM Comment Period End 05/23/2011

Final Action 12/02/2011 76 FR 75604

Additional Information: Includes Retrospective Review under E.O. 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
Related RINs: Previously Reported as 1875-AA10 Agency Contact: Ellen Campbell Office of Management Department of Education Office of Management Room 6W250, 400 Maryland Avenue SW., Washington, DC 20202-8250 Washington , DC 20202-8250 Phone: 202 260-3887 E-Mail: ellen.campbell@ed.gov

Department of Education (ED) Office of the Chief Financial Officer ( OCFO ) RIN: 1890-AA14View Related Documents

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

Abstract: The Secretary proposes to amend 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 proposed amendments would 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: Proposed Rule 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

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Action Date FR Cite

NPRM 12/00/2012

Additional Information: Includes Retrospective Review under E.O. 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

Department of Education (ED) Office of the Chief Financial Officer ( OCFO ) RIN: 1890-AA17

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Title: Department of Education Implementation of OMB Guidance on Nonprocurement Debarment and Suspension

Abstract: The Secretary of the Department of Education establishes a new part 3485 in 2 CFR that adopts the Office of Management and Budget's guidance in 2 CFR part 180, as supplemented by this new part, as the Department's regulations for nonprocurement debarment and suspension. The Secretary removes 34 CFR part 85. The new part 3485 will serve the same purposes as, and is substantially identical to, the current part 85.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No
CFR Citation: 34 CFR 85; 34 CFR 668; 34 CFR 682; 2 CFR 3485 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 103-355; EO 12549; EO 12689 Legal Deadline: None

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Final Action 03/28/2012 77 FR 18671

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: Ayisa Crowe Department of Education Office of the Chief Financial Officer Room 7115, 400 Maryland Avenue SW., Washington, DC 20202 Washington , DC 20202 Phone: 202 245-6154 E-Mail: ayisa.crowe@ed.gov

Department of Education (ED) Office of Secretary ( OS ) RIN: 1894-AA02

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Title: State Fiscal Stabilization Fund Program and Discretionary and Other Formula Grant Programs

Abstract: The Secretary of Education (Secretary)revises certain requirements for the State Fiscal Stabilization Fund (SFSF) program that were established in a notice of final requirements, definitions, and approval criteria published in the Federal Register on November 12, 2009 (74 FR 58436). In addition, the Secretary establishes a priority that the Department may use, as appropriate, in any future discretionary grant competitions for States that have developed and implemented the statewide longitudinal data system required under SFSF Indicator (b)(1).

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action 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; PL 111-5 Legal Deadline: None

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Action Date FR Cite Notice of Proposed Revision 09/23/2011 76 FR 59074

Comment Period End 10/24/2011

Notice of Final Revision 01/31/2012 77 FR 4663

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: James Butler Office of the Deputy Secretary Department of Education Office of SecretaryRoom 7E214, 400 Maryland Avenue SW., Washington, DC 20202 Washington , DC 20202 Phone: 202 260-2274 E-Mail: james.butler@ed.gov

Department of Education (ED) Office of Secretary ( OS ) RIN: 1894-AA03

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Title: State Fiscal Stabilization Fund Program

Abstract: The Secretary of Education extends the deadline by which a State must comply with the requirements under the State Fiscal Stabilization Fund Program indicators and descriptors.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action 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; PL 111-5 Legal Deadline: None

Regulatory Plan:

Statement of Need:

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Action Date FR Cite

Interim Final Rule 09/23/2011 76 FR 59036

Interim Final Rule Comment Period End 10/24/2011

Final Rule 01/31/2012 77 FR 4674

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: James Butler Office of the Deputy Secretary Department of Education Office of Secretary Room 7E214, 400 Maryland Avenue SW., Washington, DC 20202 Washington , DC 20202 Phone: 202 260-2274 E-Mail: james.butler@ed.gov