20 U.S.C. § 6571: Federal regulations

Summary

The Secretary can make rules needed to make sure people follow this part of the law, following the steps below and subject to section 6311(e). Before publishing proposed rules, the Secretary must get advice from people who run and work in schools and from parents and school boards. That advice can come from public regional meetings and online exchanges. After that, the Secretary must set up a negotiated rulemaking group at least for standards, assessments under section 6311(b)(2), and the rule that Title I funds must supplement, not supplant, local and State money (section 6321). The Secretary must pick participants from those who gave advice, include all U.S. regions, and keep a fair balance between parent/student representatives and educators. Draft policy options must be shared with participants at least 15 days before the first meeting. The negotiated process must follow the Negotiated Rulemaking Act of 1990 unless another process is used. If the group cannot reach consensus as defined in section 562 of title 5, or if the Secretary decides negotiated rulemaking is not needed, the Secretary may still propose a rule but must notify relevant congressional committees at least 15 business days before publishing the proposal. That notice must include the proposed rule, why it is needed, expected time, cost, and paperwork burdens and expected benefits for State and local education agencies and schools, and any rules that will be repealed. Congress gets 15 business days to comment, and those comments must be included in the public rulemaking record. Public comment must be at least 60 days unless an emergency is declared (in which case the emergency and the shorter comment period must be explained to Congress and published, and regional meetings held before any final rule). Rules may not force local programs to use a particular teaching model or require services outside the regular classroom. These steps do not change the application of the Administrative Procedure Act or the Congressional Review Act.

Title 20, §6571

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(a)In general

The Secretary may issue, in accordance with subsections (b) through (d) and subject to section 6311(e) of this title, such regulations as are necessary to reasonably ensure that there is compliance with this subchapter.

(b)Negotiated rulemaking process

(1)In general

Before publishing in the Federal Register proposed regulations to carry out this subchapter, the Secretary shall obtain the advice and recommendations of representatives of Federal, State, and local administrators, parents, teachers, principals, other school leaders (including charter school leaders), paraprofessionals, and members of local school boards and other organizations involved with the implementation and operation of programs under this subchapter.

(2)Meetings and electronic exchange

Such advice and recommendations may be obtained through such mechanisms as regional meetings and electronic exchanges of information. Such regional meetings and electronic exchanges of information shall be public and notice of such meetings and exchanges shall be provided to interested stakeholders.

(3)Proposed regulations

After obtaining such advice and recommendations, and before publishing proposed regulations, the Secretary shall—

(A)establish a negotiated rulemaking process on, at a minimum, standards, assessments under section 6311(b)(2) of this title, and the requirement under section 6321 of this title that funds under part A be used to supplement, and not supplant, State and local funds;

(B)select individuals to participate in such process from among individuals or groups that provided advice and recommendations, including representation from all geographic regions of the United States, in such numbers as will provide an equitable balance between representatives of parents and students and representatives of educators and education officials; and

(C)prepare a draft of proposed policy options that shall be provided to the individuals selected by the Secretary under subparagraph (B) not less than 15 days before the first meeting under such process.

(4)Process

Such process—

(A)shall not be subject to chapter 10 of title 5; and

(B)shall, unless otherwise provided as described in subsection (c), follow the provisions of subchapter III of chapter 5 of title V (commonly known as the “Negotiated Rulemaking Act of 1990”).

(c)Alternative process for certain exceptions

If consensus, as defined in section 562 of title 5, on any proposed regulation is not reached by the individuals selected under subsection (b)(3)(B) for the negotiated rulemaking process, or if the Secretary determines that a negotiated rulemaking process is unnecessary, the Secretary may propose a regulation in the following manner:

(1)Notice to Congress

Not less than 15 business days prior to issuing a notice of proposed rulemaking in the Federal Register, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and the Workforce of the House of Representatives, and other relevant congressional committees, notice of the Secretary’s intent to issue a notice of proposed rulemaking that shall include—

(A)a copy of the proposed regulation;

(B)the need to issue the regulation;

(C)the anticipated burden, including the time, cost, and paperwork burden, the regulation will impose on State educational agencies, local educational agencies, schools, and other entities that may be impacted by the regulation;

(D)the anticipated benefits to State educational agencies, local educational agencies, schools, and other entities that may be impacted by the regulation; and

(E)any regulations that will be repealed when the new regulation is issued.

(2)Comment period for Congress

The Secretary shall—

(A)before issuing any notice of proposed rulemaking under this subsection, provide Congress with a comment period of 15 business days to make comments on the proposed regulation, beginning on the date that the Secretary provides the notice of intent to the appropriate committees of Congress under paragraph (1); and

(B)include and seek to address all comments submitted by Congress in the public rulemaking record for the regulation published in the Federal Register.

(3)Comment and review period; emergency situations

The comment and review period for any proposed regulation shall be not less than 60 days unless an emergency requires a shorter period, in which case the Secretary shall—

(A)designate the proposed regulation as an emergency with an explanation of the emergency in the notice to Congress under paragraph (1);

(B)publish the length of the comment and review period in such notice and in the Federal Register; and

(C)conduct immediately thereafter regional meetings to review such proposed regulation before issuing any final regulation.

(d)Limitation

Regulations to carry out this subchapter may not require local programs to follow a particular instructional model, such as the provision of services outside the regular classroom or school program.

(e)Rule of construction

Nothing in this section affects the applicability of subchapter II of chapter 5, and chapter 7, of title 5 (commonly known as the “Administrative Procedure Act”) or chapter 8 of title 5 (commonly known as the “Congressional Review Act”).

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1601 of Pub. L. 89–10 was classified to section 6511 of this title, prior to repeal by Pub. L. 114–95. Another prior section 1601 of Pub. L. 89–10 was classified to section 6511 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.

Amendments

2022—Subsec. (b)(4)(A). Pub. L. 117–286 substituted “chapter 10 of title 5;” for “the Federal Advisory Committee Act (5 U.S.C. App.);”. 2015—Subsec. (a). Pub. L. 114–95, § 1601(a)(1), inserted “, in accordance with subsections (b) through (d) and subject to section 6311(e) of this title,” after “may issue”. Subsec. (b)(1). Pub. L. 114–95, § 1601(a)(2)(A), inserted “principals, other school leaders (including charter school leaders),” after “teachers,”. Subsec. (b)(2). Pub. L. 114–95, § 1601(a)(2)(B), inserted at end “Such regional meetings and electronic exchanges of information shall be public and notice of such meetings and exchanges shall be provided to interested stakeholders.” Subsec. (b)(3)(A). Pub. L. 114–95, § 1601(a)(2)(C), substituted “standards, assessments under section 6311(b)(2) of this title, and the requirement under section 6321 of this title that funds under part A be used to supplement, and not supplant, State and local funds” for “standards and assessments”. Subsec. (b)(4). Pub. L. 114–95, § 1601(a)(2)(D), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: “Such process— “(A) shall be conducted in a timely manner to ensure that final

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are issued by the Secretary not later than 1 year after January 8, 2002; and “(B) shall not be subject to the Federal Advisory Committee Act, but shall otherwise follow the provisions of the Negotiated Rulemaking Act of 1990 (5 U.S.C. 561 et seq.).” Subsec. (b)(5). Pub. L. 114–95, § 1601(a)(2)(E), struck out par. (5). Text read as follows: “In an emergency situation in which

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to carry out this subchapter must be issued within a very limited time to assist State educational agencies and local educational agencies with the operation of a program under this subchapter, the Secretary may issue proposed

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without following such process but shall, immediately thereafter and before issuing final

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, conduct regional meetings to review such proposed

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.” Subsecs. (c), (d). Pub. L. 114–95, § 1601(a)(3)–(5), added subsec. (c), redesignated former subsec. (c) as (d), and in subsec. (d) substituted “this subchapter” for “this part”. Subsec. (e). Pub. L. 114–95, § 1601(a)(6), added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

§6571 Federal Regulations

Summary

Title 20, §6571

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Statutory Notes and Related Subsidiaries

Effective Date

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