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. 

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 (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. 
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. 
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 

Identifier 
Number

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 of
Federal 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

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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: No
Energy 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

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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 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 6301-6578

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

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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 12257 
NPRM 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

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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 Documents
Title: 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

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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-AB64
 View 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

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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

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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.gov
Department of Education (ED) 

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

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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

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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 Rule
Major: 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

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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: No
Energy 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

 View Related Documents

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.gov
Department 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

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

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

Regulatory Plan:
Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

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

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

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: No
Energy 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

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

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-AA14
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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

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

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

Regulatory Plan:

Statement of Need:
Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

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

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

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 Secretary
Room 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

 View Related Documents

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:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

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