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 pending 

regulatory activities. 

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. Questions or 

comments related to preparation of this agenda should be directed to LaTanya Cannady or Hilary 

Malawer, Division of Regulatory Services, Office of the General Counsel, Department of Education, Room 

6C128, 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) 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 

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Regulations.gov Friday, January 20, 2012 Unified Agenda
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 a regulatory flexibility agenda in October and April of each year. 

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

requirements (5 U.S.C. 605(a)). The Secretary publishes this agenda in compliance with the Executive 

Order and the Regulatory Flexibility Act. 

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. 

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Regulations.gov Friday, January 20, 2012 Unified Agenda
In accordance with ED's Principles for Regulating listed in its regulatory plan, ED is committed to 

regulations that improve the quality and equality of services to its customers. ED will regulate only if 

absolutely necessary and then in the most flexible, most equitable, least burdensome way possible. 

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. 

Dated: September 9, 2011. 

Philip H. Rosenfelt,

Acting General Counsel. 

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Regulations.gov Friday, January 20, 2012 Unified Agenda
The 18 Regulatory Agendas

Office of the General Counsel - Final Rule

Title

Regulation 

Identifier 

Number

Rosa's Law 1801-AA11

Office of Elementary and Secondary Education - Proposed Rule

Title

Regulation 

Identifier 

Number

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

Teacher Incentive Fund 1810-AB12

Office of Special Education and Rehabilitative Services - Proposed Rule

Title

Regulation 

Identifier 

Number

Assistance to States for the Education of Children With Disabilities 1820-AB64

Office of Special Education and Rehabilitative Services - Completed Action

Title

Regulation 

Identifier 

Number

Early Intervention Program for Infants and Toddlers With Disabilities 1820-AB59

Office of Postsecondary Education - Proposed Rule

Title

Regulation 

Identifier 

Number

Title IV of the Higher Education Act of 1965, as Amended 1840-AD05

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

Office of Postsecondary Education - Final Rule

Title

Regulation 

Identifier 

Number

Application and Approval Process for New Programs 1840-AD10

Federal Pell Grant Program 1840-AD11

Office of Postsecondary Education - Completed Action

Title

Regulation 

Identifier 

Number

Program Integrity: Gainful Employment--Measures 1840-AD06

Office of Innovation and Improvement - Final Rule

Title

Regulation 

Identifier 

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Regulations.gov Friday, January 20, 2012 Unified Agenda
Number

Magnet Schools Assistance Program 1855-AA07

Office of Planning, Evaluation and Policy Development - Completed Action

Title

Regulation 

Identifier 

Number

Student Rights in Research, Experimental Programs, and Testing 1875-AA09

Office of Management - Final Rule

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 Secretary - Final Rule

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

Office of Secretary - Completed Action

Title

Regulation 

Identifier 

Number

Race to the Top Fund Phase 3 1894-AA01

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

Timetable:

Action Date FR Cite

Final Rule 03/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

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Regulations.gov Friday, January 20, 2012 Unified Agenda
Energy Affected: No

Public Comment URL: www.regulations.gov

Agency Contact: Jacquelyn Butler

Office of Postsecondary Education

Department of Education

Office of the General Counsel

Room 8053 1990 K Street NW.,

Washington , DC 20006-8502 

Phone: 202 502-7890 

E-Mail: jacquelyn.butler@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

Timetable:

Action Date FR Cite

NPRM 05/00/2012 

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 

Phone: 202 205-2895 

E-Mail: frances.moran@ed.gov

Department of Education (ED) 

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

 View Related Documents

Title: Teacher Incentive Fund

Abstract: The Teacher Incentive Fund program supports projects that develop and implement performance-based

compensation systems for teachers, principals, and other personnel in order to increase educator effectiveness and student

achievement in high-need schools.

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 ) 

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Regulations.gov Friday, January 20, 2012 Unified Agenda
Legal Authority: PL 111-117

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

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: Michelle Meier

Office of Elementary and Secondary Education

Department of Education

Office of Elementary and Secondary Education

Room 3E235 400 Maryland Avenue SW.

Washington , DC 20202 

Phone: 202 260-0974 

E-Mail: michelle.meier@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

Abstract: These proposed regulations would 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: 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; 20 USC 1406; 20 USC 1411 to 1419

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/28/2011 76 FR 60310 

NPRM Comment Period End 12/12/2011 

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, PCP 400 Maryland Avenue SW.

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-AB59

 View Related Documents

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Regulations.gov Friday, January 20, 2012 Unified Agenda
Title: Early Intervention Program for Infants and Toddlers With Disabilities

Abstract: These regulations make changes needed for the appropriate implementation of the early intervention program and to

reflect the major statutory changes made in the 2004 amendments to part C of the Individuals with Disabilities Education Act,

which governs the Early Intervention Program for Infants and Toddlers with Disabilities.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 34 CFR 303 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 20 USC 1431 to 1444

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/09/2007 72 FR 26456 

NPRM Comment Period End 07/23/2007 

Final Action 09/28/2011 76 FR 60140 

Final Action Effective 10/28/2011 

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, PCP 400 Maryland Avenue SW.

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-AD05

 View Related Documents

Title: Title IV of the Higher Education Act of 1965, as Amended

Abstract: The Secretary proposes to amend the title IV, HEA student assistance regulations to (1) reflect that, as of July 1,

2010, under title II of the Health Care and Education Reconciliation Act of 2010 (the SAFRA Act), no new Federal Family

Education Loan Program loans will be made and (2) to reflect other changes to improve the effectiveness and efficiency of the

student loan programs, particularly with regard to the discharge of loans for persons with total and permanent disabilities.

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: These regulations are needed to reflect the provisions of the SAFRA Act (title II of the Health Care and

Education Reconciliation Act of 2010) and to reflect other amendments to the HEA resulting from the SAFRA Act.

Legal Basis: Health Care and Education Reconciliation Act of 2010, Public Law 111-152.

Alternatives: The Department is still developing these proposed regulations; our discussion of alternatives will be included in

the notice of proposed rulemaking.

Costs and Benefits: Estimates of the costs and benefits are currently under development and will be included in the notice of

proposed rulemaking.

Risks: None.

Timetable:

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Regulations.gov Friday, January 20, 2012 Unified Agenda
Action Date FR Cite

NPRM 03/00/2012 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: 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 

Phone: 202 502-7815 

E-Mail: david.bergeron@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 intends to develop regulations under title II of the HEA to streamline the program, institutional, and

State report cards; prescribe data quality standards to ensure reliability, validity, and accuracy of the data submitted; and

establish standards for identifying low-performing teacher preparation programs.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

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

Legal Authority: 20 USC 1022d

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2012 

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 

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

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Regulations.gov Friday, January 20, 2012 Unified Agenda
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2012 

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: James Laws Department of Education

Office of Postsecondary Education

Room 6040 1990 K Street NW.

Washington , DC 20006 

Phone: 202 502-7719 

E-Mail: james.laws@ed.gov

Department of Education (ED) 

Office of Postsecondary Education ( OPE ) RIN: 1840-AD10

 View Related Documents

Title: Application and Approval Process for New Programs

Abstract: The Secretary proposes to amend 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: Final Rule

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

Timetable:

Action Date FR Cite

NPRM 09/27/2011 76 FR 59864 

NPRM Comment Period End 11/14/2011 

Final Rule 04/00/2012 

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

Regulatory Flexibility Analysis Required: No 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 

Phone: 202 502-7762 

E-Mail: john.kolotos@ed.gov

Department of Education (ED) 

Office of Postsecondary Education ( OPE ) RIN: 1840-AD11

 View Related Documents

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Regulations.gov Friday, January 20, 2012 Unified Agenda
Title: Federal Pell Grant Program

Abstract: These interim final regulations with request for comment 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: No 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

Timetable:

Action Date FR Cite

Interim Final Rule 01/00/2012 

Regulatory Flexibility Analysis Required: No 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 

Phone: 202 502-7890 

E-Mail: jacquelyn.butler@ed.gov

Department of Education (ED) 

Office of Postsecondary Education ( OPE ) RIN: 1840-AD06

 View Related Documents

Title: Program Integrity: Gainful Employment--Measures

Abstract: The Secretary amends the Student Assistance General Provisions regulations to establish measures for determining

whether certain postsecondary educational programs lead to gainful employment in recognized occupations, and the conditions

under which those educational programs remain eligible for the student financial assistance programs authorized under title IV

of the Higher Education Act of 1965, as amended.

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action

Major: Yes Unfunded Mandates: Private Sector

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

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

20 USC 1099c; 20 USC 1099c-1

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/26/2010 75 FR 43616 

NPRM Comment Period End 09/09/2010 

Final Action 06/13/2011 76 FR 34386 

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

Regulatory Flexibility Analysis Required: Business;

Organizations Government Levels Affected: No

Federalism: No

Energy Affected: No

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Regulations.gov Friday, January 20, 2012 Unified Agenda
Public Comment URL: www.regulations.gov

Related RINs: Previously Reported as 1840-AD04

Agency Contact: John A. Kolotos Department of Education

Office of Postsecondary Education

Room 8018 1990 K Street NW.

Washington , DC 20006-8502 

Phone: 202 502-7762 

E-Mail: john.kolotos@ed.gov

Agency Contact: Fred Sellers Department of Education

Office of Postsecondary Education

Room 8021 1990 K Street NW.

Washington , DC 20006 

Phone: 202 502-7502 

E-Mail: fred.sellers@ed.gov

Department of Education (ED) 

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

 View Related Documents

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 new 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: Final Rule

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

Timetable:

Action Date FR Cite

Interim Final Rule Effective 03/04/2010 

Interim Final Rule 03/04/2010 75 FR 9777 

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 07/00/2012 

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 

Phone: 202 260-1816 

E-Mail: anna.hinton@ed.gov

Department of Education (ED) 

Office of Planning, Evaluation and Policy Development ( OPEPD ) RIN: 1875-AA09

 View Related Documents

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Regulations.gov Friday, January 20, 2012 Unified Agenda
Title: Student Rights in Research, Experimental Programs, and Testing

Abstract: These regulations are needed to implement amendments to section 445 of the General Education Provisions Act, as

amended--commonly referred to as the Protection of Pupil Rights Amendment (PPRA)--resulting from (1) section 1017 of the

Goals 2000 Educate America Act (Pub. L. 103-227; 20 U.S.C. 1232h) and (2) legislation passed as part of section 1061 of the

No Child Left Behind Act of 2001 (NCLB) (Pub. L. 107-110). Section 1017 of Goals 2000 Educate America Act amended PPRA

to remove or amend certain terminology, to add a requirement that schools provide to parents effective notice of their rights

under PPRA, and to include an enforcement provision. Amendments made to PPRA by NCLB specify certain subjects on which

local educational agencies, in consultation with parents, must develop and adopt policies. The NCLB added another protected

subject area ("religious practices, affiliations, or beliefs of the student or student's parent") to the list of subjects that cannot be

revealed if a student is required to submit without parental consent to a "survey, analysis or evaluation" funded by the U.S.

Department of Education or, in the case of a survey not funded by the Department, without notifying parents and providing them

with an opportunity to opt out. These amendments also require local educational agencies to directly notify parents of these

policies and permit parents to opt out of certain activities. As our next action, we will issue a new NPRM incorporating the

amendments resulting from NCLB, as well as the earlier amendments resulting from the Goals 2000 Educate America Act.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 34 CFR 98 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 20 USC 1232h

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/28/1995 60 FR 44696 

NPRM Comment Period End 10/27/1995 

Withdrawn 11/07/2011 

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 1880-AA66

Agency Contact: Ellen Campbell

Office of Management

Department of Education

Office of Planning, Evaluation and Policy Development

Room 6W250 400 Maryland Avenue SW.

Washington , DC 20202-8250 

Phone: 202 260-3887 

E-Mail: ellen.campbell@ed.gov

Department of Education (ED) 

Office of Management ( OM ) RIN: 1880-AA86

 View Related Documents

Title: Family Educational Rights and Privacy

Abstract: The Secretary is amending 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

proposed amendments would 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: Final Rule

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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Regulations.gov Friday, January 20, 2012 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 04/08/2011 76 FR 19726 

NPRM Comment Period End 05/23/2011 

Final Action 12/00/2011 

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 

Phone: 202 260-3887 

E-Mail: ellen.campbell@ed.gov

Department of Education (ED) 

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

 View Related Documents

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

Abstract: The Secretary 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 and 77 (To search for a specific CFR, visit the Code of Federal Regulations ) 

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/00/2012 

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 

Phone: 202 205-3010 

E-Mail: margo.anderson@ed.gov

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Regulations.gov Friday, January 20, 2012 Unified Agenda
Department of Education (ED) 

Office of Secretary ( OS ) RIN: 1894-AA02

 View Related Documents

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

Abstract: The Secretary of Education (Secretary) proposes to revise 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 proposes to establish 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: Final Rule

Major: No Unfunded Mandates: No

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

Legal Authority: 20 USC 1221e-3; 20 USC 3474; PL 111-5

Legal Deadline: None

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 01/00/2012 

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 

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: Final Rule

Major: No Unfunded Mandates: No

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

Legal Authority: 20 USC 1221e-3; 20 USC 3474; PL 111-5

Legal Deadline: None

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 01/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

15

Regulations.gov Friday, January 20, 2012 Unified Agenda
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 

Phone: 202 260-2274 

E-Mail: james.butler@ed.gov

Department of Education (ED) 

Office of Secretary ( OS ) RIN: 1894-AA01

 View Related Documents

Title: Race to the Top Fund Phase 3

Abstract: The Secretary proposes requirements that each Race to the Top Fund Phase 2 (Phase 2) finalist that did not receive

a Phase 2 award must meet to receive Race to the Top funds made available under the Department of Defense and Full-Year

Continuing Appropriations Act, 2011.

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 111-5; PL 111-117; PL 112-110

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Proposed Requirements 09/12/2011 76 FR 56183 

Notice of Proposed Requirements (Correction) 09/23/2011 76 FR 59124 

Notice of Final Requirements 11/16/2011 76 FR 70986 

Regulatory Flexibility Analysis Required: No Government Levels 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 

Phone: 202 260-2274 

E-Mail: james.butler@ed.gov

16

Regulations.gov Friday, January 20, 2012 Unified Agenda