DEPARTMENT OF EDUCATION 

Statement of Regulatory Priorities 

I. Introduction 

 The U.S. Department of Education (Department) supports States, local communities, institutions of 

higher education, and others in improving education 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 individuals, including State educational agencies, local 

school districts, early learning programs, elementary and secondary schools, institutions of higher 

education, vocational schools, not-for-profit organizations, 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 implementation of Federal civil rights laws in educational 

programs and activities that receive Federal financial 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 nearly every American during his or her life. Indeed, in 

the 2010 to 2011 school year, more than 1.5 million children, 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 Education 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 financial assistance or support from the Department. 

 In developing and implementing regulations, guidance, technical assistance, and 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 agencies and State, local, and tribal governments; and 

neighborhood groups, schools, colleges, rehabilitation service providers, professional associations, 

advocacy organizations, community-based organizations, businesses, and labor organizations. 

 We also continue to seek greater and more useful public participation in our rulemaking 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 submit comments on all proposed regulations through the 

Internet or by regular mail. 

 To facilitate the public's involvement, we participate in the Federal Docketing Management System 

(FDMS), an electronic single Governmentwide access point (www.regulations.gov) that enables the public 

to submit comments on different types of Federal 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, reduce the burden on information providers 

involved in our programs, and make information easily accessible to the public. 

II. Regulatory Priorities 

A. American Recovery and Reinvestment Act of 2009 

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 On 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. The 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 discretionary grant programs, including the Race to the 

Top Fund and the Investing in Innovation Fund. The Department issued regulations for these programs 

in 2009 and 2010. To the extent Congress reauthorizes 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 Secondary 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 congressional reauthorization of the ESEA that will build on many of the reforms 

States and LEAs will be implementing under the ARRA grant programs described in this statement of 

regulatory priorities. As necessary, we intend to amend current regulations to reflect the reauthorization 

of this statute. In the interim, we may propose other amendments to the current regulations. 

C. Higher Education Act of 1965, as Amended 

In early 2011, the Department plans to issue final regulations 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 law the Health Care and Education Reconciliation 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 Federal 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 Department’s origination of all new loans under the William D. Ford Direct 

Loan Program, 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 implementing changes to the part C program--the early intervention 

program for infants and toddlers with 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 

educational reform, we intend to issue a notice of proposed rulemaking to amend our current regulations 

for the Family Educational Rights and Privacy Act of 1974 (FERPA) to ensure that States are able to 

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effectively establish and expand robust statewide longitudinal data systems while protecting student 

privacy. 

F. Other Potential Regulatory Activities 

 Congress may legislate to reauthorize the Adult Education and Family Literacy Act (AEFLA) (title II of 

the Workforce Investment Act of 1998) and the Rehabilitation Act of 1973, as amended. The 

Administration is working with Congress to ensure that any changes to these laws (1) improve the State 

grant and other programs providing assistance for adult basic education under the AEFLA and for 

vocational rehabilitation and independent living services for persons with disabilities under the 

Rehabilitation Act of 1973 and (2) provide greater accountability in the administration of programs under 

both statutes. Changes to our regulations may be necessary 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 

changes. In developing and promulgating regulations, we follow our Principles for Regulating, which 

determine when and how we will regulate. Through consistent application of the following principles, we 

have eliminated unnecessary regulations and identified 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 promote quality and equality of opportunity in education. 

• Whether a demonstrated problem cannot be resolved without regulation. 

• Whether regulations are necessary to provide a legally binding interpretation to resolve 

ambiguity. 

• Whether entities or situations subject to regulation are so diverse that a uniform approach 

through regulation does more harm than good. 

• Whether regulations are needed to protect the Federal interest; that is, to ensure that Federal 

funds are used for their intended purpose and to eliminate fraud, waste, and abuse. 

 In deciding how to regulate, we are mindful of the following principles: 

• Regulate no more than necessary. 

• Minimize burden to the extent possible and promote multiple approaches to meeting statutory 

requirements if possible. 

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

• Ensure that the benefits justify the costs of regulation.

• To the extent possible, establish performance objectives rather than specify compliance 

behavior. 

• Encourage flexibility, to the extent possible, so institutional forces and incentives achieve 

desired results. 

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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-AD06

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 View 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

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