DEPARTMENT OF EDUCATION 

Office of the Secretary

34 CFR Subtitles A and B

Unified Agenda of Federal Regulatory and Deregulatory Actions

AGENCY: Office of the Secretary, Department of Education. 

ACTION: Semiannual regulatory agenda. 

SUMMARY: The Secretary of Education publishes a semiannual agenda of Federal regulatory 

and deregulatory actions. The agenda is issued under the authority of section 4(b) of Executive 

Order 12866 "Regulatory Planning and Review." The purpose of the agenda is to encourage 

more effective public participation in the regulatory process by providing the public with early 

information about pending regulatory activities. 

FOR FURTHER INFORMATION CONTACT: Questions or comments related to specific 

regulations listed in this agenda should be directed to the agency contact listed for the 

regulations. Questions or comments related to preparation of this agenda should be directed to 

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 Executive Order 12866, dated September 

30, 1993, requires the Department of Education (ED) to publish, at a time and in a manner 

specified by the Administrator of the Office of Information and Regulatory Affairs, Office of 

Management and Budget, an agenda of all regulations under development or review. The 

Regulatory Flexibility Act, 5 U.S.C. 602(a), requires ED to publish, in October and April of each 

year, a regulatory flexibility agenda. 

The regulatory flexibility agenda may be combined 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 rulemaking or other action taken since publication of the most recent 

agenda, and planned dates of future rulemaking. In addition, the agenda provides the following 

information: 

• An abstract that includes a description of the problem to be addressed, any principal 

alternatives being considered, and potential costs and benefits of the action. 

• An indication of whether the planned action is likely to have significant economic impact 

on a substantial number of small entities as defined by the Regulatory Flexibility Act (5 

U.S.C. 601(6)). 

• A reference to where a reader can find the current regulations in the Code of Federal 

Regulations. 

• A citation of legal authority. 

• The name, address, and telephone number of the contact person at ED from whom a 

reader can obtain additional information regarding the planned action. 

Regulations.gov Monday, December 20, 2010 Unified Agenda

1
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 invited to comment on any of the items listed in this agenda 

that they believe are not consistent with the Principles for Regulating. Members of the public are 

also invited to comment on any 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 obligation on ED with regard to any specific item in 

the agenda. ED may elect not to pursue any of the regulatory actions listed here, and regulatory 

action in addition to the items listed is not precluded. Dates of future regulatory actions are 

subject to revision in subsequent agendas. 

Electronic Access to This Document 

The entire Unified Agenda is published electronically and is available online at www.reginfo.gov. 

Dated: September 13, 2010. 

NAME: Charles P. Rose,

General Counsel. 

Regulations.gov Monday, December 20, 2010 Unified Agenda

2
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 

Number

Regulations.gov Monday, December 20, 2010 Unified Agenda

3
High 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

 View Related Documents

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,

Regulations.gov Monday, December 20, 2010 Unified Agenda

4
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

 View Related Documents

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: 202 260-2274 

Regulations.gov Monday, December 20, 2010 Unified Agenda

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E-Mail: james.butler@ed.gov

Department of Education (ED) 

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

 View Related Documents

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

 View Related Documents

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 09/13/2010 

Regulations.gov Monday, December 20, 2010 Unified Agenda

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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: 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

 View Related Documents

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

 View Related Documents

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 published

Regulations.gov Monday, December 20, 2010 Unified Agenda

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on 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

 View Related Documents

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.

Regulations.gov Monday, December 20, 2010 Unified Agenda

8
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

 View Related Documents

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

 View Related Documents

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 34296 

Regulations.gov Monday, December 20, 2010 Unified Agenda

9
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: 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

 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) 

Regulations.gov Monday, December 20, 2010 Unified Agenda

10
Office of Postsecondary Education ( OPE ) RIN: 1840-AD06

 View Related Documents

Title: Program Integrity: Gainful Employment—Measures

Abstract: The Secretary amends the Student Assistance General Provisions 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

 View Related Documents

Title: High School Equivalency Program and College Assistance Migrant Program, the Federal TRIO Programs, and Gaining

Early Awareness, and Readiness for Undergraduate Program

Regulations.gov Monday, December 20, 2010 Unified Agenda

11
Abstract: 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

 View Related Documents

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;

Regulations.gov Monday, December 20, 2010 Unified Agenda

12
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

 View Related Documents

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: No

Regulations.gov Monday, December 20, 2010 Unified Agenda

13
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.

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

 View Related Documents

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

 View Related Documents

Title: Magnet Schools Assistance Program

Regulations.gov Monday, December 20, 2010 Unified Agenda

14
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 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

 View Related Documents

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: No

Regulations.gov Monday, December 20, 2010 Unified Agenda

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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.gov

Department of Education (ED) 

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

 View Related Documents

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

 View Related Documents

Title: Family Educational Rights and Privacy

Abstract: The Secretary is proposing these regulations under section 444 of the General Education Provisions Act, which is

Regulations.gov Monday, December 20, 2010 Unified Agenda

16
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: 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

 View Related Documents

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.gov

Regulations.gov Monday, December 20, 2010 Unified Agenda

17
Department of Education (ED) 

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

 View Related Documents

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

Abstract: The Secretary proposes to amend the Education Department General Administrative Regulations (EDGAR), 34

CFR parts 74 through 99, regarding the award and administration of grants and 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

 View Related Documents

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.gov

Regulations.gov Monday, December 20, 2010 Unified Agenda

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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.gov

Department of Education (ED) 

Office of Secretary ( OS ) RIN: 1894-AA00

 View Related Documents

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

Regulations.gov Monday, December 20, 2010 Unified Agenda

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