§6571 Federal Regulations

Summary

The Secretary may make rules needed to make sure people follow this part of the law. Before proposing rules, the Secretary must get advice from federal, state, and local school leaders, parents, teachers, principals and other school leaders (including charter leaders), paraprofessionals, school board members, and other groups involved in running these programs. That advice can come at public regional meetings or online exchanges with notice to interested people. After that, the Secretary must set up a negotiated rulemaking on at least standards, assessments, and the rule that federal funds must supplement, not replace, state and local funding. The Secretary picks participants from those who gave advice, with representatives from all regions and a fair balance between parents/students and educators, and must give them a draft of options at least 15 days before the first meeting. The negotiated process follows federal negotiated rulemaking rules. If the group cannot reach agreement or the Secretary decides negotiated rulemaking is not needed, the Secretary may still propose a rule. At least 15 business days before publishing a proposed rule, the Secretary must give key congressional committees a copy of the proposal, explain why it is needed, list the expected time, cost, and paperwork burdens, list the expected benefits, and say which rules would be repealed. Congress gets 15 business days to comment, and the Secretary must include and try to address those comments in the public record. Public comment must last at least 60 days unless there is an emergency, in which case the notice must say it is an emergency, give the shorter comment period, and hold regional meetings right after. Rules cannot force local programs to use a specific teaching model (for example, always providing services outside the regular classroom). This section does not change the Administrative Procedure Act or the Congressional Review Act.