### DEPARTMENT OF EDUCATION

Office of the Secretary

34 CFR Subtitles A and B

Unified Agenda of Federal Regulatory and Deregulatory Actions

AGENCY: O ffice of the Secreta r y, Department of Education.

ACTION: Semiannual reg u latory agenda.

SUMMARY: The Secretar y of Education publi shes a semiannual agenda of Federal regulatory and deregulatory actions. The agenda is issued und er 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 regulator y process by providing the public with early information about pending regulatory activities.

FOR FURTHER INFORMATION CONTACT: Questions or com ments related to specific regulations listed in this agenda should be di rected to the agency contact listed for the regulations. Questions or comments related to preparation of this agenda should be directed to Stanley M. Cohen, Division of Regulatory Serv ices, Office of the General Counsel, U.S. Department of Education, room 6E117, 400 Maryland Avenue SW., Washington, DC 20202- 2241; telephone: (202) 401-8300. 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 Executiv e Order 12866, dated September 30, 1993, requires the Department of Educatio n (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), require s ED to publish, in October and April of each year, a regulatory flexibility agenda.

The regulatory flexibility agenda may be combi ne d 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 rulema king 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 proble m to be addressed, any princip al alternatives being considered, and potent ial costs and benefits of the action.

• An indication of whether the planned action is likely to have a signifi cant e conomic 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 Regulation s.

• A citation of legal authority.

• The name, address, and telephone number of the contact pe rson 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 (74 FR 64194, published December 7, 2009), 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 invit ed to comment on an y of the items listed in this

agen da that they believe are not consistent with the Principles for Regulating. Members of the public are also invited to comment on any regulations listed in this agenda that ED plans to review under section 610 of the Regulatory Fl exibility Act (5 U.S.C. 610) to determine their economic impact on small entities. ED has determined that none of the regulations 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 regul atory 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.re ginfo. gov

Dat ed: March 5, 2010.

NAME : Charles P. Rose,
General Counsel.The 22 Regulatory Agendas

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-AB03

Office of Elementary and Secondary Education - Final Rule

Title Regulation
Identifier
Number

School Improvement Grants--Requirements Under the American Recovery and Reinvestment Act of 2009; Title I of the Elementary and Secondary Education Act of 1965 1810-AB06

Teacher Incentive Fund--Priorities, Requirements, Definitions, and Selection Criteria 1810-AB08

Race to the Top: Final Budget Ranges for Phase 2 1810-AB10

Office of Elementary and Secondary Education - Completed Action

Title Regulation
Identifier
Number

Race to the Top Fund--Assessment Program 1810-AB09

Office of Special Education and Rehabilitative Services - Final Rule

Title Regulation
Identifier
Number

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

Rehabilitation Training 1820-AB61

Vocational Rehabilitation Services Projects for American Indians With Disabilities 1820-AB63

Office of Postsecondary Education - Proposed Rule

Title Regulation
Identifier
Number

Federal TRIO Programs, Gaining Early Awareness and Readiness for Undergraduate Program, and High School Equivalency and College Assistance Migrant Programs 1840-AD01

Institutional Eligibility Under the Higher Education Act of 1965; Student Assistance General Provisions 1840-AD02

Institutional Eligibility Under the Higher Education Act of 1965; Student Assistance General Provisions 1840-AD03

Office of Postsecondary Education - Completed Action

Title Regulation
Identifier
Number

Student Assistance General Provisions, TEACH Grant, Federal Pell Grant, and Academic Competitiveness Grant, and National Science and Mathematics Access To Retain Talent Grant Programs 1840-AC96

Office of Innovation and Improvement - Final Rule

RegulationTitle Identifier
Number

Magnet Schools Assistance Program 1855-AA07

Office of Innovation and Improvement - Completed Action

Title Regulation
Identifier
Number

Investing in Innovation--Priorities, Requirements, Definitions, and Selection Criteria 1855-AA06

Office of Safe and Drug-Free Schools - Proposed Rule

Title Regulation
Identifier
Number

Carol M. White Physical Education Program--Priorities, Requirements, and Definitions 1865-AA00

Office of Planning, Evaluation and Policy Development - Proposed Rule

Title Regulation
Identifier
Number

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

Family Educational Rights and Privacy 1875-AA10

Office of Management - Final Rule

Title Regulation
Identifier
Number

The Freedom of Information Act 1880-AA84

Office of the Chief Financial Officer - Proposed Rule

Title Regulation
Identifier
Number

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

Department of Education Acquisition Regulation 1890-AA16

Office of Secretary - Proposed Rule

Title Regulation
Identifier
Number

Secretary's Priorities for Discretionary Grant Programs 1894-AA00

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 regulations would contain requirements for the Migrant Student Information Exchange, a congressionally mandated, electronic, national exchange mechanism for records of migrant students, and would establish requirements for a State educational agency's receipt of Migrant Education Program funds. 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: NoCFR Citation: 34 CFR 200 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 20 USC 6398; PL 111-117
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Small Entities Affected: No Federalism: Undetermined
Energy Affected: No
Agency Contact: Jennifer Dozier Department of Education Office of Elementary and Secondary Education Room 3E333 400 Maryland Avenue SW. Washington , DC 20202

Phone: 202 205 -4421

E- Mail: jennifer.dozier@ed.gov

Department of Education (ED) Office of Elementary and Secondary Education ( OESE ) RIN: 1810-AB03

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

Abstract: The Secretary proposes to amend (a) the regulations requiring States to revise their accountability workbooks and submit them to the Department for peer review under 34 CFR 200.7(a)(2)(ii) and (iii), and (b) the regulations in 34 CFR 200.47(b)(1)(iv) prohibiting States from approving as a provider of supplemental educational services a school district identified for improvement or corrective action or a school identified for improvement, corrective action, or restructuring.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No

CFR Citation: 34 CFR 200.7; 34 CFR 200.47 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 20 USC 6301 to 6578 Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No
Agency Contact: Zollie Stevenson Jr.Department of Education Office of Elementary and Secondary Education Room 3W230 400 Maryland Avenue SW. Washington , DC 20202- 6132

Phone: 202 260 -1824

E- Mail: zollie.stevenson@ed.gov

Department of Education (ED) Office of Elementary and Secondary Education ( OESE ) RIN: 1810-AB06

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Title: School Improvement Grants --Requirements Under the American Recovery and Reinvestment Act of 2009; Title I of theElementary and Secondary Education Act of 1965

Abstract: The Secretary is issuing interim final requirements for School Improvement Grants authorized under section 1003(g) of title I of the Elementary and Secondary Education Act of 1965, as amended (ESEA), and funded through the Consolidated Appropriations Act, 2009, the American Recovery and Reinvestment Act of 2009, and the Consolidated Appropriations Act, 2010. These requirements incorporate new authority included in the Consolidated Appropriations Act, 2010 that expanded the group of schools eligible to receive School Improvement Grants funds and raised the maximum amount of funds that a State educational agency may award to a local educational agency for each participating school.

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 6303(g)
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/26/2009 74 FR 43101

NPRM Comment Period End 09/25/2009

Final Rule 12/10/2009 74 FR 65618

Interim Final Rule 01/21/2010 75 FR 3375

Interim Final Rule Effective 02/08/2010

Interim Final Rule Comment Period End 02/22/2010

Final Rule 05/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No
Agency Contact: Zollie Stevenson Jr.Department of Education Office of Elementary and Secondary Education Room 3W230 400 Maryland Avenue SW. Washington , DC 20202- 6132

Phone: 202 260 -1824

E- Mail: zollie.stevenson@ed.gov

Department of Education (ED) Office of Elementary and Secondary Education ( OESE ) RIN: 1810-AB08

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Title: Teacher Incentive Fund --Priorities, Requirements, Definitions, and Selection Criteria

Abstract: The Secretary proposes priorities, requirements, definitions, and selection criteria for the Teacher Incentive Fund, which supports performance-based compensation systems for teachers and principals in high-need schools, primarily through grants to school districts and consortia of school districts.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule
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; ESEA title V, part D, subpart 1 (20 USC 7243); PL 111-8, division F, title III; PL 111-117
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/26/2010 75 FR 8854

NPRM Comment Period End 03/29/2010

Final Action 05/00/2010Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No
Agency Contact: James Butler Department of Education Office of Elementary and Secondary Education Room 3E108 400 Maryland Avenue SW. Washington , DC 20202

Phone: 202 260 -2274

E- Mail: james.butler@ed.gov

Department of Education (ED) Office of Elementary and Secondary Education ( OESE ) RIN: 1810-AB10

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Title: Race to the Top: Final Budget Ranges for Phase 2

Abstract: The U.S. Secretary of Education amends the final requirements for the Race to the Top Fund to incorporate and make binding for Phase 2 of the Race to the Top competition State budget guidance that was included in the notice inviting applications (NIA) for the Race to the Top program, published in the Federal Register on November 18, 2009 (74 FR 59836).

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: PL 111- 5 Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 04/02/2010

Interim Final Rule 04/02/2010 75 FR 16668

Interim Final Rule Comment Period End 05/03/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No

Related RINs: Related to 1810 -AB06
Agency Contact: James Butler Department of Education Office of Elementary and Secondary Education Room 3E108 400 Maryland Avenue SW. Washington , DC 20202

Phone: 202 260 -2274

E- Mail: james.butler@ed.gov

Department of Education (ED) Office of Elementary and Secondary Education ( OESE ) RIN: 1810-AB09

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Title: Race to the Top Fund--Assessment Program

Abstract: On October 23, 2009, and December 30, 2009, the Department published notices of public meetings and requests for input to gather technical expertise pertaining to a possible Race to the Top Assessment program, and to provide technical assistance for the development and implementation of high-quality assessments based on common standards. Through these meetings and written submissions, the Department received valuable input on this program and is separately issuing a notice inviting applications for awards under this program. This notice inviting applications has been reviewed by OMB under the information collection requirements of the Paperwork Reduction Act of 1995.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: PL 111- 5 Legal Deadline: None

Timetable:

Action Date FR Cite
Public Meeting 10/23/2009 74 FR 54795
Public Meeting 12/30/2009 74 FR 69081

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No
Agency Contact: Zollie Stevenson Jr.Department of Education Office of Elementary and Secondary Education Room 3W230 400 Maryland Avenue SW. Washington , DC 20202- 6132

Phone: 202 260 -1824

E- Mail: zollie.stevenson@ed.gov

Department of Education (ED) Office of Special Education and Rehabilitative Services ( OSERS ) RIN: 1820-AB59

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Title: Early Intervention Program for Infants and Toddlers With Disabilities

Abstract: These regulations would implement 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: Final Rule
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 08/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No
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-AB61View Related Documents

Title: Rehabilitation Training

Abstract: These regulations would amend 34 CFR 385.40 to remove the requirement that an applicant include members of minority groups on all project advisory committees. The regulations also would add a requirement that an applicant include individuals who are knowledgeable about the special needs of individuals with disabilities from diverse groups, including minority

groups.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 34 CFR 385.40 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 711(c)
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/25/2008 73 FR 71572

NPRM Comment Period End 12/26/2008

Final Action 07/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No
Agency Contact: Jennifer Sheehy Department of Education Office of Special Education and Rehabilitative Services Room 5103, PCP 400 Maryland Avenue SW. Washington , DC 20202- 2641

Phone: 202 245 -7520

E- Mail: jennifer.sheehy@ed.gov

Department of Education (ED) Office of Special Education and Rehabilitative Services ( OSERS ) RIN: 1820-AB63

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Title: Vocational Rehabilitation Services Projects for American Indians With Disabilities

Abstract: The Secretary proposes to amend the regulations for the American Indian Vocational Rehabilitation Services program to permit a consortium of Indian tribes to establish a separate legal entity to apply for a grant under this program.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 34 CFR 371 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 741
Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 08/12/2009

Interim Final Rule 08/12/2009 74 FR 40495

Interim Final Rule Comment Period End 09/11/2009

Final Action 04/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: NoAgency Contact: Tom Finch Department of Education Office of Special Education and Rehabilitative Services Room 5059, PCP 400 Maryland Avenue SW. Washington , DC 20202

Phone: 202 245 -7343

E- Mail: tom.finch@ed.gov

Department of Education (ED) Office of Postsecondary Education ( OPE ) RIN: 1840-AD01

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Title: Federal TRIO Programs, Gaining Early Awareness and Readiness for Undergraduate Program, and High School Equivalency and College Assistance Migrant Programs

Abstract: The Secretary proposes to amend regulations governing nine competitive grant programs that provide disadvantaged individuals with preparation for and access to postsecondary education or help them persist once they enroll. These programs are the six Federal TRIO Programs, the Gaining Early Awareness and Readiness for Undergraduate Program (GEAR UP), and the High School Equivalency Program (HEP) and College Assistance Migrant Program (CAMP). The Federal TRIO programs are educational opportunity outreach programs designed to assist and support students from disadvantaged backgrounds to progress through the academic pipeline from middle school to attainment of a postbaccalaureate degree. The purpose of the GEAR UP program is to increase the number of low-income students who are prepared to enter and succeed in postsecondary education. HEP is designed to help migrant and seasonal farm workers or their immediate family members to obtain the equivalent of a high school diploma and then begin employment or postsecondary education or training, while CAMP is designed to help this same population to succeed in their first year of undergraduate studies at an institution of higher education. The proposed regulations are needed to implement provisions of the Higher Education Act of 1965, as amended by the Higher Education Opportunity Act of 2008.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule
Major: Yes Unfunded Mandates: No

CFR Citation: 34 CFR 642; 34 CFR 643; 34 CFR 644; 34 CFR 645; 34 CFR 646; 34 CFR 647; 34 CFR 694; 34 CFR 206 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 20 USC 1070a -11 to 1070a-18; 20 USC 1070a-21 to 1070a-28; 20 USC 1070d-2
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/23/2010 75 FR 13814

NPRM Comment Period End 04/22/2010

Final Action 09/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No
Agency Contact: Linda Byrd- Johnson Department of Education Office of Postsecondary Education
Room 7044 1990 K Street NW. Washington , DC 20006

Phone: 202 502 -7600

E- Mail: linda.byrd- johnson@ed.gov
Agency Contact: Lynn Mahaffie Department of Education Office of Postsecondary Education
Room 6107 1990 K Street NW. Washington , DC 20006

Phone: 202 502 -7903

E- Mail: lynn.mahaffie@ed.gov
Agency Contact: Nathan Weiss
Office of Elementary and Secondary EducationDepartment of Education Office of Postsecondary Education Room 3E321 400 Maryland Avenue SW. Washington , DC 20202

Phone: 202 260 -7496

E- Mail: nathan.weiss@ed.gov

Department of Education (ED) Office of Postsecondary Education ( OPE ) RIN: 1840-AD02

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Title: Institutional Eligibility Under the Higher Education Act of 1965; Student Assistance General Provisions

Abstract: These proposed regulations address several key issues relating to program integrity under the Higher Education Act of 1965, as amended and extended by the Higher Education Opportunity Act. The matters to be covered under these proposed regulations include: Satisfactory academic progress; monitoring grade point averages; incentive compensation; gainful employment in a recognized occupation; State authorization as a component of institutional eligibility; definition of a credit hour; verification of information included on a Free Application for Federal Student Aid (FAFSA); definition of a high school diploma for purposes of establishing eligibility to participate in Federal student aid programs; misrepresentation of information provided to students and prospective students; ability to benefit; agreements between institutions of higher education; retaking coursework; term-based module programs; institutions required to take attendance for purposes of the Return of title IV Funds requirements;

and timeliness and method of disbursement of title IV funds.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No

CFR Citation: 34 CFR 600; 34 CFR 668 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 20 USC 1001; 20 USC 1002; 20 USC 1003; 20 USC 1070g; 20 USC 1085; 20 USC 1088; 20 USC 1091; 20 USC 1092; 20 USC 1094; 20 USC 1099c; 20 USC 1099c-1
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No
Agency Contact: Marty Guthrie Department of Education Office of Postsecondary Education
Room 8042 1990 K Street NW. Washington , DC 20006- 8502

Phone: 202 219 -7031

E- Mail: marty.guthrie@ed.gov

Department of Education (ED) Office of Postsecondary Education ( OPE ) RIN: 1840-AD03

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Title: Institutional Eligibility Under the Higher Education Act of 1965; Student Assistance General Provisions

Abstract: The Department proposes to amend its regulations governing foreign school participation in the title IV, HEA student financial aid programs. Among the issues to be addressed by these proposed regulations are: The use of United States Generally Accepted Accounting Principles (U.S. GAAP) financial statements by these schools; compliance audits; the definition of a foreign school; non-profit status for foreign schools; public foreign schools and financial responsibility; consolidation of select title IV requirements on a countrywide basis; non-degree programs; new eligibility criteria for foreign medical schools; clinical sites of foreign medical and veterinary schools in other countries; basic science locations of foreign medical, veterinary,and nursing schools in other countries; eligibility requirements for foreign veterinary schools; eligibility requirements for foreign nursing schools; and foreign medical and veterinary schools certified separately from a larger school.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No

CFR Citation: 34 CFR 600; 34 CFR 668 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 20 USC 1001; 20 USC 1002; 20 USC 1003; 20 USC 1070g; 20 USC 1085; 20 USC 1088; 20 USC 1091; 20 USC 1092; 20 USC 1094; 20 USC 1099b; 20 USC 1099c; 20 USC 1099c-1
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise

be of international interest.
Agency Contact: Gail McLarnon Department of Education Office of Postsecondary Education
Room 8026 1990 K Street NW. Washington , DC 20006

Phone: 202 219 -7048

Department of Education (ED) Office of Postsecondary Education ( OPE ) RIN: 1840-AC96

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Title: Student Assistance General Provisions, TEACH Grant, Federal Pell Grant, and Academic Competitiveness Grant, and National Science and Mathematics Access To Retain Talent Grant Programs

Abstract: The Secretary has amended the Department's regulations for the Academic Competitiveness Grant and National Science and Mathematics Access to Retain Talent Grant Programs to implement provisions of the Higher Education Act of 1965, as amended by the Ensuring Continued Access to Student Loans Act of 2008, Public Law 110-227, and the Higher Education Opportunity Act of 2008, Public Law 110-315 (HEOA). To implement statutory changes in the HEOA, the Secretary also has amended the regulations in the Student Assistance General Provisions, and the regulations for the Teacher Education Assistance for College and Higher Education Grant Program and the Federal Pell Grant Program.

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action
Major: Yes Unfunded Mandates: No

CFR Citation: 34 CFR 668; 34 CFR 686; 34 CFR 690 and 691 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 20 USC 1001 to 1003; 20 USC 1085; 20 USC 1088; 20 USC 1091 and 1092; 20 USC 1094; 20 USC

1099c to 1099c-1 Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 05/01/2009 74 FR 20210

Correction 06/30/2009 74 FR 31182

Interim Final Rule Effective 07/01/2009

Final Action 11/23/2009 74 FR 61240

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: NoEnergy Affected: No
Agency Contact: Sophia McArdle Department of Education Office of Postsecondary Education
Room 8019 1990 K Street NW. Washington , DC 20006- 8544

Phone: 202 219 -7078

E- Mail: sophia.mcardle@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 amends 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 remove 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 03/04/2010 75 FR 9777

Interim Final Rule Comment Period End 04/05/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No
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 Innovation and Improvement ( OII ) RIN: 1855-AA06

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Title: Investing in Innovation --Priorities, Requirements, Definitions, and Selection Criteria

Abstract: The Secretary of Education establishes priorities, requirements, definitions, and selection criteria under the Investing in Innovation Fund, authorized under the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5). These priorities, requirements, definitions, and selection criteria are intended to support the efforts of local educational agencies and nonprofit organizations that have strong records of improving student achievement to develop, implement, evaluate, and replicate innovative programs and practices.

Priority: Economically Significant Agenda Stage of Rulemaking: Completed ActionMajor: Yes Unfunded Mandates: No

CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: PL 111- 5 Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/09/2009 74 FR 52214

NPRM Comment Period End 11/09/2009

Final Action 03/12/2010 75 FR 12004

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No
Agency Contact: Margo Anderson Department of Education Office of Innovation and Improvement Room 4W311 400 Maryland Avenue SW. Washington , DC 20202

Phone: 202 205 -3010

E- Mail: margo.anderson@ed.gov

Department of Education (ED) Office of Safe and Drug-Free Schools ( OSDFS ) RIN: 1865-AA00

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Title: Carol M. White Physical Education Program--Priorities, Requirements, and Definitions

Abstract: The Secretary proposes priorities, requirements, and definitions for the Carol M. White Physical Education Program. We are taking this regulatory action to align projects under this program more closely with best practices and research related to improving children's health.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No

CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 20 USC 7261 to 7261f
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/16/2010 75 FR 12522

NPRM Comment Period End 04/15/2010

Final Action 05/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No

Related RINs: Previously Reported as 1865-ZA05
Agency Contact: Dana Carr Department of Education Office of Safe and Drug-Free Schools
Room 10096 550 12th Street SW Washington , DC 20202- 6450

Phone: 202 245 -7868

E- Mail: dana.carr@ed.govDepartment of Education (ED) Office of Planning, Evaluation and Policy Development ( OPEPD ) RIN: 1875-AA09

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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 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: Proposed Rule
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

Second NPRM 11/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No

Related RINs: Previously Reported as 1880-AA66
Agency Contact: Ellen Campbell 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 Planning, Evaluation and Policy Development ( OPEPD ) RIN: 1875-AA10

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Title: Family Educational Rights and Privacy

Abstract: The Secretary is proposing these 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: Proposed Rule
Major: No Unfunded Mandates: NoCFR Citation: 34 CFR 99 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 20 USC 1232g
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No
Agency Contact: Shannan E. Higgins Deputy Assistant General Counsel Department of Education Office of Planning, Evaluation and Policy Development 400 Maryland Avenue SW Washington , DC 20202

Phone: 202 401 -6285

E- Mail: shannan.higgins@ed.gov

Department of Education (ED) Office of Management ( OM ) RIN: 1880-AA84

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Title: The Freedom of Information Act

Abstract: These regulations would update certain technical provisions of the Department's Freedom of Information Act (FOIA) regulations, such as defining "agency records" to include electronic records (as required by the E-FOIA Amendments of 1996), changing the response period from 10 to 20 days, and revising the cost for producing records.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 34 CFR 5 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 5 USC 552
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/26/2008 73 FR 71986

NPRM Comment Period End 12/26/2008

Final Action 04/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No
Agency Contact: Angela Arrington Department of Education Office of Management Room 2W119 400 Maryland Avenue SW. Washington , DC 20202- 4537

Phone: 202 260 -8915

E- Mail: angela.arrington@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 agreements under the Department's formula and discretionary grant programs. These proposed amendments would simplify procedures and improve administration of the Department's grant programs.

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 11/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No
Agency Contact: Peter Wathen- Dunn Department of Education
Office of the Chief Financial Officer Office of the General Counsel Room 6E207 400 Maryland Avenue SW. Washington , DC 20202- 2243

Phone: 202 401 -6700

E- Mail: peter.wathen- dunn@ed.gov

Department of Education (ED) Office of the Chief Financial Officer ( OCFO ) RIN: 1890-AA16

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Title: Department of Education Acquisition Regulation

Abstract: The Secretary proposes to update and reissue the Department of Education Acquisition Regulation to accurately implement current Federal acquisition regulations and Department policies.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 34 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 5 USC 301; 20 USC 1018a
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No
Agency Contact: Nicole Evans Department of Education
Office of the Chief Financial Officer Room 7164, PCP 400 Maryland Avenue SW. Washington , DC 20202

Phone: 202 245 -6172

E- Mail: nicole.evans@ed.govDepartment of Education (ED) Office of Secretary ( OS ) RIN: 1894-AA00

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Title: Secretary's Priorities for Discretionary Grant Programs

Abstract: The Secretary of Education proposes priorities that the Department of Education (Department) may use for any appropriate discretionary grant program in fiscal year (FY) 2010 and future years. Specifically, the Secretary proposes priorities in three key areas: Advancing key cradle-to-career educational reforms, addressing the needs of student subgroups, and building capacity for systemic continuous improvement. We take this action to focus Federal financial assistance on expanding the number of programs and projects Departmentwide that support activities in areas of greatest educational need.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No

CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 20 USC 1221e -3 Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No
Agency Contact: Margo Anderson Department of Education Office of Secretary Room 4W321 400 Maryland Avenue SW Washington , DC 22204

Phone: 202 205 -3010

E- Mail: margo.anderson@ed.gov