§6571 Federal regulations

Summary

The Secretary of Education can make rules needed to make sure schools follow this part of the law. Before putting proposed rules in the Federal Register, the Secretary must get advice from people who run and work in schools and from parents and school board members. That advice must be gathered in public regional meetings and online. After getting advice, the Secretary must start a negotiated rulemaking process that at minimum covers standards, the assessments in section 6311(b)(2), and the rule that federal funds must supplement, not replace, state and local money (section 6321). The Secretary must pick participants from those who gave advice, include people from all regions, balance parents/students with educators/officials, and give them a draft at least 15 days before the first meeting. If the group cannot reach agreement, or if the Secretary decides negotiated rulemaking is not needed, the Secretary may still propose a rule but must notify certain congressional committees at least 15 business days before publishing the proposal. That notice must include the proposed rule, why it is needed, its expected time, cost, and paperwork burdens, the expected benefits, and any rules it will replace. Congress gets 15 business days to comment, and those comments must be included and addressed in the public rule record. Public comment must run at least 60 days unless there is an emergency, in which case the Secretary must label the emergency, say how long comments will be accepted, and hold regional meetings right after. Rules cannot force local programs to use a specific teaching model, and this section does not change the Administrative Procedure Act or the Congressional Review Act.