DEPARTMENT OF EDUCATION

Statement of Regulatory Priorities

I. Introduction

The U.S. Department of Education (Department) supports States, local communities, institutions of highe r education, and othe rs in improvin g educati on nationwide and in helping to ensure that all Americans receive a quality education. We provide leadership and financial assistance for education at all levels to a wide range of stakeholders and indi viduals, including State educational agencies, local school districts, early learning programs, elementar y and secondary schools, institutions of higher education, vocational schools, not-for-profit organi zations, members of the public, and many others. These efforts are helping to ensure that all students will be ready for college and careers, and that all students have the opportunity to attend postsecondary education.

We also vigorously monitor and enforce the impl e mentation of Federal civil rights laws in edu cational programs and activities that receive Federal fina ncial assistance, and support innovation and research, evaluation, technical assistance, and dissemination of research findings to improve the quality of education.

Overall, the programs we administer will affect nea rly every America n du ring h i s or her life. Indeed, in the 2010 to 2011 school year, more than 1.5 million child ren, ages birth through 5 years, will participate in early learning programs under the Individuals with Disabilities Education Act (IDEA) and title I of the Elementary and Secondary Educat ion Act of 1965, as amended ( ESEA); about 50 million students will attend an estimated 99,000 elementary and secondary schools in approximately 13,800 public school districts; and about 20 million students will enroll in degree-granting postsecondary schools. All of these students may benefit from some degree of financia l assistance or support from the Department.

In developing and implementing regulations, gui dance, technical assistan ce, a nd approaches to compliance related to our programs, we are committed to working closely with affected persons and groups. Specifically, we work with a broad range of interested parties and the general public, including parents, students, and educators; other Federal agen cies and State, local, and tribal governments; and neighborhood groups, schools, colleges, rehabilitati on service providers, professional associations, advocacy organizations, community-based organizations, businesses, and labor organizations.

We also continue to seek greater and more us eful public participation in ou r rulema king activities through the use of transparent and interactive rulemaking procedures and new technologies. If we determine that it is necessary to develop regulations, we seek public participation at the key stages in the rulemaking process. We invite the public to subm it comments on all proposed regulations through the Internet or by regular mail.

To facilitate the public's involvement, we pa rticip ate in the Federal Docketing Manag eme nt System (FDMS), an electronic single Governmentwide access point (www.regulations.gov) that enables the public to submit comments on different types of Feder al regulatory documents and read and respond to comments submitted by other members of the public during the public comment period. This system provides the public the opportunity to submit a comment electronically on any notice of proposed rulemaking or interim final regulations open for comment, as well as read and print any supporting regulatory documents.

We are continuing to streamline information collections, redu ce the burden o n information providers involved in our programs, and make information easily accessible to the public.

II. Regulatory Priorities

A. American Recovery and Reinvestment Act of 2009On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009 (ARRA), historic legislation designed to stimulate the economy, support job creation, and invest in critical sectors, including education. T he ARRA lays the foundation for education reform by supporting investments in innovative strategies that are most likely to lead to improved results for children and youth, long-term gains in school and school system capacity, and increased productivity and effectiveness.

The ARRA provided funding for several key di scretionary grant program s , including the Race to the Top Fund and the Investing in Innovation Fund. T he Department issued regulations for these programs in 2009 and 2010. To the extent Congress reauthor izes and appropriates funds for these programs in FY 2011, we may need to amend the regulations for these programs.

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

On March 13, 2010, the Obama administration released the 

### Blueprint for Reform: The Reauthorization of the Elementary and Seco ndary Education Act, the President’s plan 

### for revising the
ESEA. The blueprint can be found at the following Web site: http://www2.ed.gov/policy/elsec/leg/blueprint/index.html.

We look forward to congress ional reauthorization of the ESEA that will build on many of the reforms States and L EAs will be implementing under the ARRA grant programs described in this statement of regulatory priorities. As necessary, we intend to am end current regulations to reflect the reauthorization of this statute. In the interim, we may pr opose other amendments to the current regulations.

C. Higher Education Act of 1965, as Amended

In early 2011, the Department plans to issue final re g ulations to establish measures for determining whether certain postsecondary educational programs lead to gainful employment in a recognized occupation. These regulations also address the conditions under which these educational programs remain eligible for the student financial assistance programs authorized under title IV of the Higher Education Act of 1965, as amended (HEA).

On March 30, 2010, the President signed into la w the He alth Care and Educat ion Re conciliation Act of 2010, Public Law 111-152, title II of which is the SAFRA Act. SAFRA made a number of changes to the Federal student financial aid programs under title IV of the HEA. One of the most significant changes made by SAFRA is to end new loans under the Fe deral Family Education Loan (FFEL) Program authorized by title IV, part B, of the HEA as of July 1, 2010.

During the coming year, we plan to amend our regulations to address issues related to the termination of the FFEL Program and the Departme nt’s origi nation of all new loans under the William D. Ford Direct Loan Progra m , as well as other statutory provisions enacted under SAFRA. Unless subject to an exemption, regulations to reflect changes to the student financial aid programs under title IV of the HEA must generally go through the negotiated rulemaking process.

D. Individuals with Disabilities Education Act

We plan to issue final regulations implementin g chang es to the part C program--the ea rly intervention prog ram for infants and toddlers wi th disabilities--under the IDEA.

E. Family Educational Rights and Privacy Act

Given the President's emphasis on improving the collection and use of data as a key element of edu cation al reform, we int end to issue a notice of pr opo sed rulem aking to amend our current regulations for the Family Educational Rights and Privacy Act of 1974 (FERPA) to ensure that States are able toeffectively establish and expand robu st statewide longitudinal data sys tems while protecting student privacy.

F. Other Potential Regulatory Activities

Congress may legislate to reauthorize the Adult Educatio n and F a mily Litera cy Act (AEFLA) (title II of the Wo rkfo rce Investment Act of 1998) and the Rehabilitation Act of 1973, as amended. The Administration is working with Congress to ensure th at any changes to these laws (1) improve the State grant and other programs providin g assistance for adult basic education under the AEFLA and for vocational rehabilitation and independent living serv ices for persons with disabilities under the Rehabilitation Act of 1973 and (2) provide greater accoun tability in the administration of programs under both statutes. Changes to our regulations may be nece ssary as a result of the reauthorization of these two statutes.

III. Principles for Regulating

Over the next year, other regulations may be needed because of new legislation or programmatic cha nges. In developing and pro m ulgating regulations, we follow our Principles for Regulating, which determine when and how we will regulate. Through consis tent application of the following principles, we have eliminated unnecessary regulations and identifi ed situations in which major programs could be implemented without regulations or with limited regulatory action.

In deciding when to regulate, we consider the following:

• Whether regulations are essential to promot e quality and equality of opportunity in education.

• Whether a demonstrated problem ca nnot be resolved without regulation.

• Wheth er regulations are necessary to provide a legally binding interpretation to resolve ambiguity.

• Whether entities or situations subject to regul ation are so diverse that a uniform approach through regulation doe s m ore harm than good.

• Whether regulations are needed to protect the Federal interest; that is, to ensure that Federal funds are us e d for their intended purpose and to eliminate fraud, waste, and abuse.

In decidin g how to re gulate, we are mindful of the following principles:

• Regulate no more than necessary.

• Minimize burden to the extent possibl e and promote multiple appr oache s to meeting statutory requi rements if possible.

• Encourage coordination of federally funded acti vities with State and local reform activities.

• Ensure that the benefits ju st ify the costs of regulation.

• To the extent possible, establish p e rformanc e objectives rather tha n specify compliance behavior.

• Encourage flexibility, to the extent possible, so institutional forces and incentive s achieve desired results.The 2 Actions Described in the Regulatory Plan

Title Regulation Identifier Number Rulemaking Stage

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

Program Integrity: Gainful Employment—Measures 1840-AD06 Final Rule Stage

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 its title IV, HEA student assistance regulations, to (1) reflect the termination of the Federal Family Education Loan Program pursuant to title II of the Health Care and Education Reconciliation Act of 2010, which is the SAFRA Act, and (2) reflect other statutory changes resulting from the SAFRA Act.

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 title IV; 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), which terminated the Federal Family Education Loan (FFEL) program, 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 published in the proposed regulations.

Risks: None.
Timetable:

Action Date FR Cite

NPRM 05/00/2011

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-AD06View Related Documents

Title: Program Integrity: Gainful Employment—Measures
Abstract: The Secretary amends the Student Assistance General Provisions 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: Final Rule Major: Yes Unfunded Mandates: No
CFR Citation: 34 CFR 668 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 20 USC 1001 to 1003; 20 USC 1070g; 20 USC 1085; 20 USC 1088; 20 USC 1091 to 1092; 20 USC 1094; 20 USC 1099c; 20 USC 1099c-1; ... Legal Deadline: None

Regulatory Plan:
Statement of Need: These regulations are needed to establish measures for determining whether certain postsecondary educational programs lead to gainful employment in a recognized occupation.

Legal Basis: Title IV of the Higher Education Act of 1965, as amended.

Alternatives: A discussion of alternatives was outlined in the Notice of Proposed Rulemaking published on July 26, 2010.

Costs and Benefits: Estimates of anticipated costs and benefits are set forth in the Notice of Proposed Rulemaking published on July 26, 2010.

Risks: None.
Timetable:

Action Date FR Cite

NPRM 07/26/2010 75 FR 43616
NPRM Comment Period End 09/09/2010

Final Action 02/00/2011

Regulatory Flexibility Analysis Required: Business; Organizations Government Levels Affected: No

Federalism: No Energy Affected: No
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