[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Unknown Section]
[Pages 64194-64197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X09-71207]
[[Page 64194]]
DEPARTMENT OF EDUCATION (ED)
Statement of Regulatory Priorities
I. Introduction
We support States, local communities, institutions of higher education,
and others in improving education nationwide and in helping to ensure
that all Americans receive a quality education. We provide leadership
and financial assistance pertaining to education at all levels to a
wide range of stakeholders and individuals including State educational
agencies, early childhood programs, elementary and secondary schools,
institutions of higher education, vocational schools, nonprofit
organizations, members of the public, and many others. These efforts
are helping to ensure that all students will be ready for college and
careers, and that all students have an open path towards postsecondary
education. We also vigorously monitor and enforce the implementation of
Federal civil rights laws in education programs and activities that
receive Federal financial assistance, and support innovation and
research, evaluation, and dissemination of findings to improve the
quality of education.
Overall, the programs we administer will affect nearly every American
during his or her life. Indeed, in the 2009-2010 school year about 50
million students will attend an estimated 100,000 elementary and
secondary schools in approximately 13,900 public school districts, and
about 19 million students will enroll in degree-granting postsecondary
schools. All of these students may benefit from some degree of
financial assistance or support from the Department.
In developing and implementing regulations, guidance, technical
assistance, and approaches to compliance related to our programs, we
are committed to working closely with affected persons and groups.
Specifically, we work with a broad range of interested parties and the
general public including parents, students, and educators; State,
local, and tribal governments; and neighborhood groups, schools,
colleges, rehabilitation service providers, professional associations,
advocacy organizations, businesses, and labor organizations.
We also continue to seek greater and more useful public participation
in our rulemaking activities through the use of transparent and
interactive rulemaking procedures and new technologies. If we determine
that it is necessary to develop regulations, we seek public
participation at all key stages in the rulemaking process. We invite
the public to submit comments on all proposed regulations through the
Internet or by regular mail.
To facilitate the public's involvement, we participate in the Federal
Docketing Management System (FDMS), an electronic single Governmentwide
access point (www.regulations.gov) that enables the public to submit
comments on different types of Federal regulatory documents and read
and respond to comments submitted by other members of the public during
the public comment period. This system provides the public the
opportunity to submit a comment electronically on any notice of
proposed rulemaking or interim final regulations open for comment, as
well as read and print any supporting regulatory documents.
We are continuing to streamline information collections, reduce the
burden on information providers involved in our programs, and make
information easily accessible to the public.
II. Regulatory Priorities
A. American Recovery and Reinvestment Act of 2009
On February 17, 2009, President Obama signed into law the American
Recovery and Reinvestment Act of 2009 (ARRA), historic legislation
designed to stimulate the economy, support job creation, and invest in
critical sectors, including education. The ARRA lays the foundation for
education reform by supporting investments in innovative strategies
that are most likely to lead to improved results for students, long-
term gains in school and school system capacity, and increased
productivity and effectiveness.
The ARRA provides funding for several key formula and discretionary
grant programs for which the Department will be issuing final
regulatory requirements in the next several months. These programs are
as follows:
1. Investing in Innovation Fund. The Investing in Innovation Fund,
established under section 14007 of the ARRA, provides $650
million to support (a) local educational agencies (LEAs),
and (b) nonprofit organizations in partnership with one or
more LEAs or a consortium of schools. The purpose of the
program is to provide competitive grants to applicants with
strong track records in improving student achievement, in
order to expand what works and invest in promising
practices that significantly improve student achievement in
kindergarten through grade 12, as well as help close
achievement gaps, decrease drop-out rates, increase high
school graduation rates, and improve the effectiveness of
teachers and school leaders.
2. School Improvement Grants. In conjunction with Title I funds for
school improvement reserved under section 1003(a) of the
Elementary and Secondary Education Act of 1965, as amended
(ESEA), School Improvement Grants under section 1003(g) of
the ESEA are used to improve student achievement in Title I
schools identified for improvement, corrective action, or
restructuring in order to enable those schools to make
adequate yearly progress and exit improvement status.
Appropriations for School Improvement Grants have grown
from $125 million in fiscal year (FY) 2007 to $546 million
in FY 2009. The ARRA provides an additional $3 billion for
School Improvement Grants in FY 2009. The Department is
finalizing requirements that will govern the total $3.546
billion in FY 2009 school improvement funds. This
unprecedented investment of Federal money has the potential
to support implementation of fundamental changes needed to
turn around some of the Nation's lowest-achieving schools.
3. Teacher Incentive Fund. The Teacher Incentive Fund, established in
2006, supports performance-based teacher and principal
compensation systems in high-need schools, primarily
through grants to school districts and consortia of school
districts. The combined ARRA and FY 2009 appropriation for
this program is approximately $300 million.
B. Elementary and Secondary Education Act of 1965, as Amended
We look forward to congressional reauthorization of the ESEA that will
build on many of the reforms States and LEAs will be implementing under
the ARRA grant programs described above. As necessary, we intend to
amend current regulations to reflect the reauthorization of this
statute. In the interim we may propose other amendments to the current
regulations.
C. Student Aid and Fiscal Responsibility Act of 2009
We expect Congress to enact, and appropriate funds for, several
components of the President's education
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agenda. The House passed H.R. 3221, the Student Aid and Fiscal
Responsibility Act of 2009, in September, and the Senate is expected to
move similar legislation this year. If the legislation is passed, we
expect to propose regulations in the coming months to implement it.
New Programs: The new programs included in the House bill that would
require regulations include the following:
The College Access and Completion Fund, to build a Federal-
State-local partnership to improve college success and
completion, particularly for students from disadvantaged
backgrounds.
The American Graduation Initiative, to promote innovations and
reforms in our nation's community colleges, including
modernization of community college facilities and the
development of online educational resources.
The Early Learning Challenge Fund, to provide competitive
grants to States for the development of statewide
infrastructure of integrated early-learning supports and
services for children from birth through age 5.
Student Loans: H.R. 3221 would also enact the President's proposal to
originate 100 percent of new student loans under the Direct Loan
program, under which the Federal Government provides capital for
student loans. The bill would terminate the origination of loans under
the Federal Family Education Loan program, under which the Federal
Government currently guarantees loans made by the private sector. This
bill also includes a proposal to transform the current Perkins Loan
program from a separate program of revolving funds based at individual
institutions of higher education into a subset of the Direct Loan
program.
D. Higher Education Opportunity Act
The Higher Education Opportunity Act (HEOA), enacted on August 14,
2008, amended and extended the Higher Education Act of 1965 (HEA).
During the coming year, we plan to amend our regulations to address
several key issues, including issues related to program integrity and
foreign schools. As necessary we may also amend our regulations for
several discretionary grant programs to reflect changes made by the
HEOA.
Unless subject to an exemption, regulations to carry out changes to the
student financial aid programs under Title IV of the HEA must generally
go through the negotiated rulemaking process.
E. Individuals with Disabilities Education Act
We plan to issue final regulations implementing changes to the Part C
program--the early intervention program for infants and toddlers with
disabilities--under the IDEA.
F. Family Educational Rights and Privacy Act
Given the President's emphasis on improving the collection and use of
data as a key element of educational reform, we are reviewing the
Family Educational Rights and Privacy Act of 1974 (FERPA) and its
implementing regulations to ensure that States are able to effectively
establish and expand robust statewide longitudinal data systems while
protecting student privacy. If necessary, we will amend our current
FERPA regulations.
G. Other Potential Regulatory Activities
Congress may take up legislation to reauthorize the Adult Education and
Family Literacy Act (AEFLA) (Title II of the Workforce Investment Act
of 1998) and the Rehabilitation Act of 1973. The Administration is
working with Congress to ensure that any changes to these laws (1)
improve the State grant and other programs providing assistance for
adult basic education under the AEFLA and for vocational rehabilitation
and independent living services for persons with disabilities under the
Rehabilitation Act of 1973; and (2) provide greater accountability in
the administration of programs under both statutes. Changes to our
regulations may be necessary as a result of the reauthorization of
these two statutes.
III. Principles for Regulating
Over the next year, other regulations may be needed because of new
legislation or programmatic changes. In developing and promulgating
regulations we follow our Principles for Regulating, which determine
when and how we will regulate. Through consistent application of the
following principles, we have eliminated unnecessary regulations and
identified situations in which major programs could be implemented
without regulations or with limited regulatory action.
In deciding when to regulate, we consider:
Whether regulations are essential to promote quality and
equality of opportunity in education.
Whether a demonstrated problem cannot be resolved without
regulation.
Whether regulations are necessary to provide a legally binding
interpretation to resolve ambiguity.
Whether entities or situations subject to regulation are so
diverse that a uniform approach through regulation does
more harm than good.
Whether regulations are needed to protect the Federal
interest; that is, to ensure that Federal funds are used
for their intended purpose, and to eliminate fraud, waste,
and abuse.
In deciding how to regulate, we are mindful of the following
principles:
Regulate no more than necessary.
Minimize burden to the extent possible, and promote multiple
approaches to meeting statutory requirements when possible.
Encourage coordination of federally funded activities with
State and local reform activities.
Ensure that benefits justify costs of regulation.
To the extent possible, establish performance objectives
rather than specify compliance behavior.
Encourage flexibility, to the extent possible, so
institutional forces and incentives achieve desired
results.
_______________________________________________________________________
ED--Office of Elementary and Secondary Education (OESE)
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PROPOSED RULE STAGE
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37. TEACHER INCENTIVE FUND--PRIORITIES, REQUIREMENTS,
DEFINITIONS, AND SELECTION CRITERIA
Priority:
Economically Significant. Major under 5 USC 801.
Legal Authority:
PL 111-5; ESEA title V, part D, subpart 1 (20 USC 7243); PL 111-8,
division F, title III
CFR Citation:
None
Legal Deadline:
None
Abstract:
The Secretary proposes priorities, requirements, definitions, and
selection
[[Page 64196]]
criteria for the Teacher Incentive Fund, which supports performance-
based teacher and principal compensation systems in high-need schools,
primarily through grants to school districts and consortia of school
districts.
Statement of Need:
The proposed priorities, requirements, definitions, and selection
criteria are needed to implement the TIF program and to conduct a
competition to award funds under this program.
Summary of Legal Basis:
American Recovery and Reinvestment Act of 2009, PL 111-5.
Alternatives:
The Department is still developing this proposed rule; our discussion
of alternatives will be included in the notice of proposed priorities,
requirements, definitions, and selection criteria.
Anticipated Cost and Benefits:
Estimates of the costs and benefits are currently under development and
will be published in the proposed rule.
Risks:
None.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 12/00/09
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
None
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
Email: [email protected]
RIN: 1810-AB08
_______________________________________________________________________
ED--OESE
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FINAL RULE STAGE
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38. SCHOOL IMPROVEMENT GRANTS--NOTICE OF PROPOSED REQUIREMENTS
UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009; TITLE I OF
THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965
Priority:
Economically Significant. Major under 5 USC 801.
Legal Authority:
20 USC 6303(g)
CFR Citation:
None
Legal Deadline:
None
Abstract:
The Secretary has proposed 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
both the Department of Education Appropriations Act, 2009, and the
American Recovery and Reinvestment Act of 2009. The proposed
requirements would define the criteria that a State educational agency
(SEA) must use to implement the statutory priority that the SEA award
school improvement funds to local educational agencies (LEAs) with the
lowest-achieving title I schools that demonstrate (a) the greatest need
for the funds and (b) the strongest commitment to use those funds to
provide adequate resources to their lowest-achieving title I schools to
raise substantially the achievement of their students. The proposed
requirements also would require an SEA to give priority, through a
waiver under section 9401 of the ESEA, to LEAs that wish to serve the
lowest-achieving secondary schools that are eligible for, but do not
receive, title I funds. The proposed requirements would require an SEA
to award school improvement funds to eligible LEAs in amounts
sufficient to enable the targeted schools to implement one of four
specific proposed interventions.
Statement of Need:
The proposed requirements are needed to implement the School
Improvement Grants program in a manner that the Department believes
will best enable the program to achieve its objective of supporting
comprehensive and effective efforts by LEAs to overcome the challenges
faced by low-achieving schools that educate concentrations of children
living in poverty.
Summary of Legal Basis:
20 USC 6303(g).
Alternatives:
A likely alternative to promulgation of the proposed requirements would
be for the Secretary to allocate the FY 2009 school improvement funds
without setting any regulatory requirements governing their use. Under
such an alternative, States and LEAs would be required to meet the
statutory requirements, but funds likely would not be targeted to the
very lowest-achieving schools and LEAs would likely not use all the
funds for activities most likely to result in a real turn-around of
those schools and significant improvement in the educational outcomes
for the students they educate.
Anticipated Cost and Benefits:
The Department believes that the proposed requirements will not impose
significant costs on States, LEAs, or other entities that receive
school improvement funds. These proposed requirements would drive
school improvement funds to LEAs that have the lowest-achieving schools
in amounts sufficient to turn those schools around and significantly
increase student achievement. They would also require participating
LEAs to adopt the most effective approaches to turning around low-
achieving schools. In short, the Department believes that the proposed
requirements would ensure that limited school improvement funds are put
to their optimum use--that is, that they would be targeted to where
they are most needed and used in the most effective manner possible.
The benefits, then, would be more effective schools serving children
from low-income families and a better education for those children.
The Department believes that the State and local costs of implementing
the proposed requirements (including State costs of applying for
grants, distributing the grants to LEAs, ensuring compliance with the
proposed requirements, and reporting to the
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Department; and LEA costs of applying for subgrants and implementing
the interventions) will be financed through the grant funds. The
Department does not believe that the proposed requirements would impose
a financial burden that States and LEAs would have to meet from non-
Federal sources.
Risks:
None.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 08/26/09 74 FR 43101
NPRM Comment Period End 09/25/09
Final Action 12/00/09
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
None
Agency Contact:
Zollie Stevenson Jr.
Department of Education
Office of Elementary and Secondary Education
Room 3W230
400 Maryland Avenue SW
Washington, DC 20202-6132
Phone: 202 260-1824
Email: [email protected]
RIN: 1810-AB06
_______________________________________________________________________
ED--Office of Innovation and Improvement (OII)
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PROPOSED RULE STAGE
-----------
39. INVESTING IN INNOVATION--PRIORITIES, REQUIREMENTS,
DEFINITIONS, AND SELECTION CRITERIA
Priority:
Economically Significant. Major under 5 USC 801.
Legal Authority:
PL 111-5
CFR Citation:
None
Legal Deadline:
None
Abstract:
The Secretary of Education proposes priorities, requirements,
definitions, and selection criteria under the Investing in Innovation
Fund, authorized under the American Recovery and Reinvestment Act of
2009 (Pub. L. 111-5). These priorities, requirements, definitions, and
selection criteria are intended to support the efforts of local
educational agencies and nonprofit organizations that have strong
records of improving student achievement to develop, implement,
evaluate, and replicate innovative programs and practices.
Statement of Need:
These proposed priorities, requirements, definitions, and selection
criteria are needed to implement the Investing in Innovation Fund and
to conduct a competition to award funds under this program.
Summary of Legal Basis:
American Recovery and Reinvestment Act of 2009, PL 111-5.
Alternatives:
The Department considered a variety of possible priorities,
requirements, definitions, and selection criteria before deciding to
propose those included in the notice. The proposed priorities,
requirements, definitions, and selection criteria are those that the
Department believes best capture the purposes of the program while
clarifying what the Secretary expects the program to accomplish and
ensuring that program activities are aligned with Departmental
priorities. The proposals would also provide eligible applicants with
flexibility in selecting activities to apply to carry out under the
program.
Anticipated Cost and Benefits:
The Department believes that the proposed priorities, requirements,
definitions, and selection criteria would result in selection of high-
quality applications to implement activities that are most likely to
have a significant national impact on educational reform and
improvement. Through these proposals, the Department seeks to provide
clarity as to the scope of activities we expect to support with program
funds and the expected burden of work involved in preparing an
application and implementing a project under the program. The pool of
possible applicants is very large; during school year 2007-08, 9,729
LEAs across the country (about 65 percent of all LEAs) made adequate
yearly progress. Although not every one of those LEAs would necessarily
meet all the eligibility requirements, the number of LEAs that would
meet them is likely to be in the thousands.
The Department believes that the costs imposed on applicants by the
proposed priorities, requirements, definitions, and selection criteria
would be limited to paperwork burden related to preparing an
application and that the benefits of implementing these proposals would
outweigh any costs incurred by applicants. The costs of carrying out
activities would be paid for with program funds and with matching funds
provided by private-sector partners. Thus, the costs of implementation
would not be a burden for any eligible applicants, including small
entities.
Risks:
None.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 12/00/09
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
None
Agency Contact:
Margo Anderson
Department of Education
Office of Innovation and Improvement
Room 4W311
400 Maryland Avenue SW
Washington, DC 20202
Phone: 202 205-3010
Email: [email protected]
RIN: 1855-AA06
BILLING CODE 4000-01-S