View Rule

The Secretary of Education will propose regulations to govern the procedures that the Department of Education uses when issuing regulations and guidance documents, including significant guidance documents. These proposed regulations will be issued to ensure that the Department of Education adheres to (i) all statutory requirements applicable to Department rulemakings, including the rulemaking provisions of the Administrative Procedure Act, referenced below; and (ii) Executive Order 12866, Executive Order 13771, and Executive Order 13777. These proposed regulations will also be issued under the authority of Executive Order 13891, whose central principal is that guidance documents only clarify existing obligations, and not become a vehicle for implementing new, binding requirements on the public. These regulations will be proposed to help serve that purpose.