DEPARTMENT OF EDUCATION

Statement of Regulatory Priorities

I. Introduction

The U.S. Department of Education (Department) supports States, local communities, institutions of higher education, and others in improving education and other services nationwide in order to ensure that all Americans, including those with disabilities, receive a high-quality education and are prepared for high-quality employment. We provide leadership and financial assistance pertaining to education and related services at all levels to a wide range of stakeholders and individuals, including State educational and other agencies, local school districts, providers of early learning programs, elementary and secondary schools, institutions of higher education, career and technical schools, nonprofit organizations, postsecondary students, members of the public, families, and many others. These efforts are helping to ensure that all children and students from pre-kindergarten through grade 12 will be ready for, and succeed in, postsecondary education or employment, and that students attending postsecondary institutions are prepared for a profession or career.

We also vigorously monitor and enforce the implementation of Federal civil rights laws in educational programs and activities that receive Federal financial assistance, and support innovative programs, research and evaluation activities, technical assistance, and the dissemination of research and evaluation findings to improve the quality of education.

Overall, the laws, regulations, and programs that the Department administers will affect nearly every American during his or her life. Indeed, in the 2016-2017 school year, about 56 million students will attend an estimated 132,000 elementary and secondary schools in approximately 13,500 districts, and about 21 million students will enroll in degree-granting postsecondary schools. All of these students may benefit from some degree of financial assistance or support from the Department.

In developing and implementing regulations, guidance, technical assistance, and monitoring related to our programs, we are committed to working closely with affected persons and groups. Specifically, we work with a broad range of interested parties and the general public, including families, students, and educators; State, local, and tribal governments; other Federal agencies; and neighborhood groups, community-based early learning programs, elementary and secondary schools, colleges, rehabilitation service providers, adult education providers, professional associations, advocacy organizations, businesses, and labor organizations.

If we determine that it is necessary to develop regulations, we seek public participation at the key stages in the rulemaking process. We invite the public to submit comments on all proposed regulations through the Internet or by regular mail. We also continue to seek greater public participation in our rulemaking activities through the use of transparent and interactive rulemaking procedures and new technologies.

To facilitate the public's involvement, we participate in the Federal Docketing Management System (FDMS), an electronic single Government-wide access point (www.regulations.gov) that enables the public to submit comments on different types of Federal regulatory documents and read and respond to comments submitted by other members of the public during the public comment period. This system provides the public with the opportunity to submit comments electronically on any notice of proposed rulemaking or interim final regulations open for comment, as well as read and print any supporting regulatory documents.

We are continuing to streamline information collections, reduce the burden on information providers involved in our programs, and make information easily accessible to the public.

II. Regulatory Priorities

A. Every Student Succeeds Act

President Obama signed the Every Student Succeeds Act (ESSA) into law on December 10, 2015. ESSA reauthorized the Elementary and Secondary Education Act of 1965 with provisions aimed at helping to ensure success for students and schools. The law:

• Advances equity by upholding critical protections for America's disadvantaged and high-need students.

• Requires-for the first time-that all students in America be taught to high academic standards that will prepare them to succeed in college and careers.

• Ensures that vital information is provided to educators, families, students, and communities through annual statewide assessments that measure students' progress toward those high standards.

• Helps to support and grow local innovations-including evidence-based and place-based interventions developed by local leaders and educators-consistent with our Investing in Innovation and Promise Neighborhoods grant programs.

• Sustains and expands this administration's historic investments in increasing access to high-quality preschool.

• Maintains an expectation that there will be accountability and action to effect positive change in our lowest-performing schools, where groups of students are not making progress, and where graduation rates are low over extended periods of time.

The Department issued two notices of proposed rulemaking (NPRMs) that would amend existing regulations pertaining to accountability and State plans, and the innovative assessment demonstration authority. We also, following the completion of negotiated rulemaking, issued an NPRM proposing to amend regulations on academic assessments, and plan to publish an NPRM on the supplement not supplant provision in September 2016. We intend to issue final rules in all of these areas by January 2017.

B. Higher Education Act of 1965, as Amended

Congress is currently considering reauthorization of the Higher Education Act of 1965, as amended (HEA). When enacted, the HEA's reauthorization will likely require the Department to promulgate conforming regulations. In the meantime, we have identified several regulatory activities for Fiscal Year 2017 under the Title IV Federal Student Aid programs to improve protections for students and safeguard Federal dollars invested in postsecondary education.

C. Perkins Act

Congress is currently considering reauthorization of the Carl D. Perkins Career and Technical Education Act of 2006 (Perkins Act), which focuses on increasing the quality of technical education. The priorities for reauthorization include:

• Effective alignment with today's labor market, including clear expectations for high-quality programs;

• Stronger collaboration among secondary and postsecondary institutions, employers, and industry partners;

• Meaningful accountability to improve academic and employment outcomes for students; and

• Local and State innovation in CTE, particularly the development and replication of innovative CTE models.

We anticipate regulatory activity in response to the reauthorization of the Perkins Act.

IV. Principles for Regulating

Over the next year, we may need to issue other regulations because of new legislation or programmatic changes. In doing so, we will follow the Principles for Regulating, which determine when and how we will regulate. Through consistent application of those principles, we have eliminated unnecessary regulations and identified situations in which major programs could be implemented without regulations or with limited regulatory action.

In deciding when to regulate, we consider the following:

• Whether regulations are essential to promote quality and equality of opportunity in education.

• Whether a demonstrated problem cannot be resolved without regulation.

• Whether regulations are necessary to provide a legally binding interpretation to resolve ambiguity.

• Whether entities or situations subject to regulation are similar enough that a uniform approach through regulation would be meaningful and do more good than harm.

• Whether regulations are needed to protect the Federal interest, that is, to ensure that Federal funds are used for their intended purpose and to eliminate fraud, waste, and abuse.

In deciding how to regulate, we are mindful of the following principles:

• Regulate no more than necessary.

• Minimize burden to the extent possible, and promote multiple approaches to meeting statutory requirements if possible.

• Encourage coordination of federally funded activities with State and local reform activities.

• Ensure that the benefits justify the costs of regulating.

• To the extent possible, establish performance objectives rather than specify compliance behavior.

• Encourage flexibility, to the extent possible and as needed to enable institutional forces to achieve desired results.