### 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 Services, Office of the General Counsel, Department of Education, Room 6E117, 400 Maryland Avenue, SW., Washington, DC 20202-2241; telephone: (202) 401-6305. 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 combined wi th any other agenda that satisfies the statutory requ ireme nts (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 pr ovides the title of the do cument, 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 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 significant economic impact on a su bsta ntial 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 pe rson at ED from whom a reader can obtain additional information regarding the planned action.

### In accordance with ED's Principles for Regul ating 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 invited to co mment on any of the items liste d in this age nda that they believe are not consistent with the Prin ciples 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 Flexibility 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 obligati on on ED with rega rd 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 prec luded. 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 availa ble online at www.reginfo.g o v.
Dated: Septembe r 13, 20 10. NAME: Charles P. Rose, General Counsel.The 23 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

Office of Elementary and Secondary Education - Final Rule

Title Regulation Identifier Number Teacher Incentive Fund--Priorities, Requirements, Definitions, and Selection Criteria 1810-AB08 Race to the Top: Final Budget Ranges for Phase 2 1810-AB10 Impact Aid Programs 1810-AB11

Office of Elementary and Secondary Education - Completed Action

Title Regulation Identifier Number Title I--Improving the Academic Achievement of the Disadvantaged 1810-AB03 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

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

Office of Special Education and Rehabilitative Services - Completed Action

Title Regulation Identifier Number Vocational Rehabilitation Services Projects for American Indians With Disabilities 1820-AB63

Office of Postsecondary Education - Proposed Rule

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

Office of Postsecondary Education - Final Rule

Title Regulation Identifier Number Program Integrity: Gainful Employment—Measures 1840-AD06

Office of Postsecondary Education - Completed Action

Title Regulation Identifier NumberHigh School Equivalency Program and College Assistance Migrant Program, the Federal TRIO Programs, and Gaining Early Awareness, and Readiness for Undergraduate Program 1840-AD01
Program Integrity Issues 1840-AD02 Foreign Institutions—Federal Student Aid Programs 1840-AD03 Program Integrity: Gainful Employment—New Programs 1840-AD04

Office of Innovation and Improvement - Final Rule

Title Regulation Identifier Number Magnet Schools Assistance Program 1855-AA07

Office of Safe and Drug-Free Schools - Completed Action

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 - Completed Action

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

Office of the Chief Financial Officer - Final Rule

Title Regulation Identifier Number Department of Education Acquisition Regulation 1890-AA16

Office of Secretary - Final 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: No CFR 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 12/00/2010

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: 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-AB08

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Title: Teacher Incentive Fund--Priorities, Requirements, Definitions, and Selection Criteria Abstract: The Secretary issues priorities, requirements, definitions, and selection criteria for the Teacher Incentive Fund, which supports competitive grants to school districts, consortia of school districts, States, and non-profit organizations to develop and implement performance-based compensation systems for teachers, principals, and other personnel in high-need schools.
Priority: Substantive, Nonsignificant 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; 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 05/21/2010 75 FR 28714 Interim Final Rule Effective 09/23/2010 Interim Final Rule 09/23/2010 75 FR 57907 Interim Final Rule Comment Period End 10/25/2010 Final Action 01/00/2011

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: James Butler Department of Education Office of Elementary and Secondary Education Room 3E108 400 Maryland Avenue SW. Washington , DC 20202 Phone: 202 260-2274E-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 Secretary 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 Final Action 12/00/2010

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: 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-AB11

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Title: Impact Aid Programs Abstract: The Secretary amends the regulations governing the Impact Aid Discretionary Construction Program. Through this program, the Department provides competitive grants for emergency repairs and modernization of school facilities to certain eligible local educational agencies that receive Impact Aid formula funds. The regulations amend a provision regarding the submission of applications for these Federal funds.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 34 CFR 222 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 20 USC 7701-7714 Legal Deadline: None

Timetable: Action Date FR Cite NPRM 08/13/2010 75 FR 49432 NPRM Comment Period End 09/13/2010Final Action 12/00/2010

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: Marilyn Hall Impact Aid Program Department of Education Office of Elementary and Secondary Education Room 3C133 400 Maryland Avenue, SW. Washington , DC 20202-6244 Phone: 202 205-8724 E-Mail: marilyn.hall@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: Completed Action 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 Withdrawn 09/08/2010

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: Susan Wilhelm Department of Education Office of Elementary and Secondary Education 400 Maryland Avenue SW. Washington , DC 20202-6132 Phone: 202 260-0984 E-Mail: susan.wilhelm@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 the Elementary and Secondary Education Act of 1965 Abstract: The Secretary intends to issue 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 final requirements respond to comments on interim final requirements for this program that the Secretary publishedon January 21, 2010. The final 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: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 20 USC 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 10/28/2010 75 FR 66363

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: Susan Wilhelm Department of Education Office of Elementary and Secondary Education 400 Maryland Avenue SW. Washington , DC 20202-6132 Phone: 202 260-0984 E-Mail: susan.wilhelm@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 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 01/00/2011

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: 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-AB61

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Title: Rehabilitation Training Abstract: The Secretary amends 34 CFR 385.40 to remove the requirement that an applicant include members of minority groups on all project advisory committees. The regulations also 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 12/00/2010

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: 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 amends 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: Completed Action 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 06/16/2010 75 FR 34296Regulatory 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: 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-AD05

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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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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

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

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Title: High School Equivalency Program and College Assistance Migrant Program, the Federal TRIO Programs, and Gaining Early Awareness, and Readiness for Undergraduate ProgramAbstract: The Secretary amends the Department's 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. These 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: Completed Action 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 10/26/2010 75 FR 65712

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: Frances Bergeron Department of Education Office of Postsecondary Education
Washington , DC 20006 Phone: 202 502-7528 E-Mail: frances.bergeron@ed.gov Agency Contact: James Davis Department of Education Office of Postsecondary Education Office of Postsecondary Education, Room 610a 1990 K Street NW Washington , DC 20006 Phone: 202 502-7903 E-Mail: james.davis@ed.gov Agency Contact: Nathan Weiss Office of Elementary and Secondary Education Department 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: Program Integrity Issues Abstract: The Secretary establishes regulations to 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 covered under these 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: Economically Significant Agenda Stage of Rulemaking: Completed Action Major: Yes 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 06/18/2010 75 FR 34806 NPRM Comment Period End 08/02/2010 Final Action 10/29/2010 75 FR 66832 Final Action Effective 07/01/2011

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: 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: Foreign Institutions—Federal Student Aid Programs Abstract: The Secretary amends the Department's regulations governing foreign school participation in the title IV, HEA student financial aid programs. Among the issues addressed by these 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 a foreign medical or veterinary school certified separately from a larger school.
Priority: Other Significant Agenda Stage of Rulemaking: Completed Action 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 07/20/2010 75 FR 42190 NPRM Comment Period End 08/19/2010 Final Action 11/01/2010 75 FR 67170

Regulatory Flexibility Analysis Required: No Government Levels Affected: NoSmall 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. Public Comment URL: www.regulations.gov Agency Contact: Gail McLarnon Department of Education Office of Postsecondary Education Room 8026 1990 K Street NW. Washington , DC 20006 Phone: 202 219-7048 E-Mail: gail.mclarnon@ed.gov

Department of Education (ED) Office of Postsecondary Education ( OPE ) RIN: 1840-AD04

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Title: Program Integrity: Gainful Employment—New Programs Abstract: The Secretary amends the Student Assitance General Provisons regarding the Secretary's approval of additonal postsecondary educational programs leading to gainful employment in a recognized occupation.
Priority: Other Significant Agenda Stage of Rulemaking: Completed Action 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; 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 07/26/2010 75 FR 43616 NPRM Comment Period End 09/09/2010 Final Action 10/29/2010 75 FR 66665 Final Action Effective 07/01/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Energy Affected: No Public Comment URL: www.regulations.gov Agency Contact: John Kolotos Department of Education Office of Postsecondary Education Room 8018 1990 K Street NW. Washington , DC 20006 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

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Title: Magnet Schools Assistance ProgramAbstract: 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 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 End 05/17/2010 Final Action 12/00/2010

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 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 issues 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: Completed Action Major: No Unfunded Mandates: No CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 20 USC 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 06/18/2010 75 FR 34892

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: NoRelated 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.gov

Department 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 09/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Public Comment URL: www.regulations.gov 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 isalso 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: 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

Timetable: Action Date FR Cite NPRM 12/00/2010 Final Action 07/00/2011

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: Melanie Muenzer Department of Education Office of Planning, Evaluation and Policy Development 400 Maryland Avenue, SW. Washington , DC 20202 Phone: 202 205-0701 E-Mail: melanie.muenzer@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 amend and update the Department’s Freedom of Information Act (FOIA) regulations to implement changes made to the FOIA (5 U.S.C. 552) in recent years and articulate more clearly, to the public, how the Department processes FOIA requests for publicly available records.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action 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 06/14/2010 75 FR 33509

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: 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.govDepartment of Education (ED) Office of the Chief Financial Officer ( OCFO ) RIN: 1890-AA14

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Title: Direct Grant Programs and Definitions That Apply to Department Regulations Abstract: The Secretary proposes to amend the Education Department General Administrative Regulations (EDGAR), 34 CFR parts 74 through 99, regarding the award and administration of grants and 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 02/00/2011

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: 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 updates and reissues the Department of Education Acquisition Regulation to accurately implement current Federal acquisition regulations and Department policies.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final 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 08/23/2010 75 FR 51884 NPRM Comment Period End 09/22/2010 Final Action 02/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Public Comment URL: www.regulations.govAgency 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.gov

Department 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 establishes priorities that the Department may use for any appropriate discretionary grant program in fiscal year (FY) 2011 and future years. Specifically, the Secretary establishes 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: 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 Legal Deadline: None

Timetable: Action Date FR Cite NPRM 08/05/2010 75 FR 47284 NPRM Comment Period End 09/07/2010 Final Action 12/00/2010

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 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