20 U.S.C. § 6571 — Federal regulations

Page 1414 TITLE 20—EDUCATION § 6571 Section 6535, Pub. L. 89–10, title I, § 1705, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1608, related to grants to expand access to advanced place- ment incentive programs. Section 6536, Pub. L. 89–10, title I, § 1706, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1609, related to use of grants to supplement, not supplant other non-Federal funds. Section 6537, Pub. L. 89–10, title I, § 1707, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1609; amended Pub. L. 108–11, title II, § 2503, Apr. 16, 2003, 117 Stat. 599, defined terms in former part G of this sub- chapter. Section 6551, Pub. L. 89–10, title I, § 1801, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1610, provided that former part H of this subchapter could be cited as the ‘‘Dropout Prevention Act’’. Section 6552, Pub. L. 89–10, title I, § 1802, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1610, stated purposes of former part H of this subchapter. Section 6553, Pub. L. 89–10, title I, § 1803, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1610, authorized appropriations. Section 6555, Pub. L. 89–10, title I, § 1811, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1610, authorized national activities relating to dropout pre- vention. Section 6561, Pub. L. 89–10, title I, § 1821, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1612, defined terms in subpart 2 of former part H of this sub- chapter. Section 6561a, Pub. L. 89–10, title I, § 1822, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1612, authorized grants for school dropout prevention and re- entry programs. Section 6561b, Pub. L. 89–10, title I, § 1823, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1614, related to applications for grants. Section 6561c, Pub. L. 89–10, title I, § 1824, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1615, related to reservation of funds for administrative costs and State activities. Section 6561d, Pub. L. 89–10, title I, § 1825, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1615, related to strategies and capacity building. Section 6561e, Pub. L. 89–10, title I, § 1826, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1616, related to selection of local educational agencies for subgrants. Section 6561f, Pub. L. 89–10, title I, § 1827, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1616, related to use of funds by community-based organiza- tions. Section 6561g, Pub. L. 89–10, title I, § 1828, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1616, related to technical assistance to secondary schools. Section 6561h, Pub. L. 89–10, title I, § 1829, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1616, related to calculation of annual school dropout rate. Section 6561i, Pub. L. 89–10, title I, § 1830, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1616, related to reporting and accountability. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 114–95, set out as an Ef- fective Date of 2015 Amendment note under section 6301 of this title. PART F—GENERAL PROVISIONS Editorial Notes CODIFICATION Pub. L. 114–95, title I, § 1501(a)(2), Dec. 10, 2015, 129 Stat. 1905, redesignated part I (§ 6571 et seq.) of this sub- chapter as part F of this subchapter. PRIOR PROVISIONS A prior part F, consisting of sections 6511 to 6518, re- lated to comprehensive school reform, prior to repeal by Pub. L. 114–95, title I, § 1501(a)(1), Dec. 10, 2015, 129 Stat. 1905. A prior part G, consisting of sections 6531 to 6537, re- lated to advanced placement programs, prior to repeal by Pub. L. 114–95, title I, § 1501(a)(1), Dec. 10, 2015, 129 Stat. 1905. A prior part H, consisting of sections 6551 to 6553, 6555, and 6561 to 6561i, related to school dropout preven- tion, prior to repeal by Pub. L. 114–95, title I, § 1501(a)(1), Dec. 10, 2015, 129 Stat. 1905. A prior part I, consisting of sections 6571 to 6578, was redesignated part F of this subchapter, by Pub. L. 114–95, title I, § 1501(a)(2), Dec. 10, 2015, 129 Stat. 1905. § 6571. Federal regulations (a) In general The Secretary may issue, in accordance with subsections (b) through (d) and subject to sec- tion 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 sub- chapter, the Secretary shall obtain the advice and recommendations of representatives of Federal, State, and local administrators, par- ents, teachers, principals, other school leaders (including charter school leaders), paraprofes- sionals, and members of local school boards and other organizations involved with the im- plementation 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 informa- tion. 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 rec- ommendations, and before publishing proposed regulations, the Secretary shall— (A) establish a negotiated rulemaking process on, at a minimum, standards, assess- ments 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 rec- ommendations, 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 op- tions that shall be provided to the individ- uals selected by the Secretary under sub- paragraph (B) not less than 15 days before the first meeting under such process. Page 1415 TITLE 20—EDUCATION § 6571 1 So in original. Probably should be ‘‘5’’. (4) Process Such process— (A) shall not be subject to chapter 10 of title 5; and (B) shall, unless otherwise provided as de- scribed in subsection (c), follow the provi- sions of subchapter III of chapter 5 of title V 1 (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 Sec- retary 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 Com- mittee on Education and the Workforce of the House of Representatives, and other relevant congressional committees, notice of the Sec- retary’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 regu- lation will impose on State educational agencies, local educational agencies, schools, and other entities that may be im- pacted by the regulation; (D) the anticipated benefits to State edu- cational agencies, local educational agen- cies, 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 busi- ness days to make comments on the pro- posed 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 com- ments submitted by Congress in the public rulemaking record for the regulation pub- lished in the Federal Register. (3) Comment and review period; emergency sit- uations The comment and review period for any pro- posed 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 Fed- eral Register; and (C) conduct immediately thereafter re- gional meetings to review such proposed reg- ulation 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 applica- bility of subchapter II of chapter 5, and chapter 7, of title 5 (commonly known as the ‘‘Adminis- trative Procedure Act’’) or chapter 8 of title 5 (commonly known as the ‘‘Congressional Review Act’’). (Pub. L. 89–10, title I, § 1601, formerly § 1901, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1617; renumbered § 1601 and amended Pub. L. 114–95, title I, §§ 1501(a)(4), 1601(a), Dec. 10, 2015, 129 Stat. 1906, 1910; Pub. L. 117–286, § 4(a)(152), Dec. 27, 2022, 136 Stat. 4322.) 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 classi- fied 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 Com- mittee 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 ex- changes of information shall be public and notice of such meetings and exchanges shall be provided to inter- ested stakeholders.’’ Subsec. (b)(3)(A). Pub. L. 114–95, § 1601(a)(2)(C), sub- stituted ‘‘standards, assessments under section 6311(b)(2) of this title, and the requirement under sec- tion 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 en- sure that final regulations are issued by the Sec- retary 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 provi- sions 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 sit- uation in which regulations to carry out this sub- chapter 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 Page 1416 TITLE 20—EDUCATION § 6572 subchapter, the Secretary may issue proposed regula- tions without following such process but shall, imme- diately thereafter and before issuing final regulations, conduct regional meetings to review such proposed reg- ulations.’’ 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 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 6572. Agreements and records (a) Agreements In any case in which a negotiated rulemaking process is established under section 6571(b) of this title, all published proposed regulations shall conform to agreements that result from the rulemaking described in section 6571 of this title unless the Secretary reopens the nego- tiated rulemaking process. (b) Records The Secretary shall ensure that an accurate and reliable record of agreements reached dur- ing the negotiations process is maintained. (Pub. L. 89–10, title I, § 1602, formerly § 1902, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1618; renumbered § 1602 and amended Pub. L. 114–95, title I, §§ 1501(a)(4), 1601(b), Dec. 10, 2015, 129 Stat. 1906, 1912.) Editorial Notes PRIOR PROVISIONS A prior section 1602 of Pub. L. 89–10 was classified to section 6512 of this title, prior to repeal by Pub. L. 114–95. Another prior section 1602 of Pub. L. 89–10 was classi- fied to section 6512 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110. AMENDMENTS 2015—Subsec. (a). Pub. L. 114–95, § 1601(b), amended subsec. (a) generally. Prior to amendment, text read as follows: ‘‘All published proposed regulations shall con- form to agreements that result from negotiated rule- making described in section 6571 of this title unless the Secretary reopens the negotiated rulemaking process or provides a written explanation to the participants involved in the process explaining why the Secretary decided to depart from, and not adhere to, such agree- ments.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 6573. State administration (a) Rulemaking (1) In general Each State that receives funds under this subchapter shall— (A) ensure that any State rules, regula- tions, and policies relating to this sub- chapter conform to the purposes of this sub- chapter and provide any such proposed rules, regulations, and policies to the committee of practitioners created under subsection (b) for review and comment; (B) minimize such rules, regulations, and policies to which the State’s local edu- cational agencies and schools are subject; (C) eliminate or modify State and local fis- cal accounting requirements in order to fa- cilitate the ability of schools to consolidate funds under schoolwide programs; (D) identify any such rule, regulation, or policy as a State-imposed requirement; and (E)(i) identify any duplicative or con- trasting requirements between the State and Federal rules or regulations; and (ii) eliminate the State rules and regula- tions that are duplicative of Federal require- ments. (2) Support and facilitation State rules, regulations, and policies under this subchapter shall support and facilitate local educational agency and school-level sys- temic reform designed to enable all children to meet the challenging State academic stand- ards. (b) Committee of practitioners (1) In general Each State educational agency that receives funds under this subchapter shall create a State committee of practitioners to advise the State in carrying out its responsibilities under this subchapter. (2) Membership Each such committee shall include— (A) as a majority of its members, rep- resentatives from local educational agen- cies; (B) administrators, including the adminis- trators of programs described in other parts of this subchapter; (C) teachers from traditional public schools and charter schools (if there are charter schools in the State) and career and technical educators; (D) principals and other school leaders; (E) parents; (F) members of local school boards; (G) representatives of private school chil- dren; (H) specialized instructional support per- sonnel and paraprofessionals; (I) representatives of authorized public chartering agencies (if there are charter schools in the State); and (J) charter school leaders (if there are charter schools in the State). (3) Duties The duties of such committee shall include a review, before publication, of any proposed or final State rule or regulation pursuant to this subchapter. In an emergency situation where such rule or regulation must be issued within a very limited time to assist local educational agencies with the operation of the program