View Rule

The Secretary is amending the regulations in 2 CFR part 3474 in order to require that all Department grantees awarded direct grant funds openly license to the public all copyrightable intellectual property created with Department grant funds. The rule also outlines any applicable exemptions to the requirement. 

These changes allow the Department to broaden the impact of its investments by allowing stakeholders, such as local educational agencies (LEAs), State educational agencies (SEAs), institutions of higher education (IHEs), and other entities, to benefit from these investments, even if they are not themselves recipients of Department funds. An open licensing requirement also allows the Department to sustain innovations beyond the grant period by encouraging subject matter experts and users to adapt, update, and build upon grant products, stimulating quality and innovation in the development of educational resources. Finally, the rule promotes access to Department-funded technology and materials and increase transparency and accountability for the Department and its grantees.

On March 21, 2017, the Department published a notice in the Federal Register delaying the effective date of these regulations for an additional 60 days to provide time for internal review.