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ED/OCTAE | RIN: 1830-AA23 | Publication ID: Fall 2018 |
Title: Office of Career, Technical, and Adult Education Program Regulations Superseded by Perkins IV | |
Abstract:
34 CFR 400 The Department will rescind its regulations at 34 CFR 400.1 -- 400.10 related to the Vocational and Applied Technology Education Programs because the requirements relative to the general provisions of career and technical education assistance to States have been superseded by the requirements of the Carl D. Perkins Career and Technical Education Act of 2006 (Perkins IV). With these actions we will deregulate and reserve 34 CFR 400. 34 CFR 401 The Department will rescind its regulations at 34 CFR 401.1 -- 401.5 (subpart A); 34 CFR 401.10 (subpart B); 34 CFR 401.20 -- 401.22 (subpart C); and 34 CFR 401.30 -- 401.31 (subpart D) related to the Indian Vocational Education Program. These actions are necessary because Perkins IV has updated requirements relative to the Indian Vocational Education Program, now authorized as the Native American Career and Technical Education Program (NACTEP). However, the Department will retain 34 CFR 401.23 relative to an applicant’s request for a hearing in response to the Secretary's decision not to make an award under NACTEP, and will therefore also retain Subpart C of 34 CFR 401 as 34 CFR 401.23. We are retaining 34 CFR 401.23 because the Secretary continues to implement the appeal process at the request of any applicant denied funding under NACTEP in accordance with the procedures set forth in 34 CFR 401.23. The Department will reserve Subparts A, B, and D of 34 CFR 401 and will retain Subpart C of 34 CFR 401 as indicated above. 34 CFR 402 The Department will rescind its regulations at 34 CFR 402.1 -- 402.5 (subpart A); 34 CFR 402.20-- 402.21 (subpart C); and 34 CFR 402.30 (subpart D) related to the Native Hawaiian Vocational Education Program because they are outdated. Perkins IV has updated requirements and is now authorized as the Native Hawaiian Career and Technical Education Program (NHCTEP). Those Perkins IV NHCTEP requirements supersede the Native Hawaiian Vocational Education Program requirements in 34 CFR 402. Subpart B of 34 CFR 402 is currently reserved. The Department also will reserve subparts A, C and D of 34 CFR 402. With these action we will deregulate and reserve 34 CFR 402. 34 CFR 403 The Department will rescind its regulations relating to the State Vocational and Applied Technology Education Program at 34 CFR 403.1 -- 403.4 (subpart A); 34 CFR 403.10 -- 403.19 (subpart B); 34 CFR 403.30 -- 403.34 (subpart C); 34 CFR 403.50 -- 403.52 (subpart D); 34 CFR 403.60 -- 403.62, 403.70 -- 403.71, 403.80 -- 403.82, 403.90 -- 403.92, 403.100 -- 403.102, 403.110 -- 403.120 (subpart E): 34 CFR 403.130-- 403.131, 403.140-- 403.141; 403.150 -- 403.151, 403.160 -- 403.161, 403.170 -- 403.174; (subpart F); 34 CFR 403.180 -- 403.188 (subpart G); 34 CFR 403.190 -- 403.197 (subpart H); and 34 CFR 403.200 -- 403.208 (subpart I), appendix A to part 403 and appendix B to part 403. It is necessary to take these actions because these regulations are outdated and have been superseded by the requirements in Perkins IV. The Department will reserve subparts A, B, C, D, E, F, G, H and I of 34 CFR 403. With these actions we will deregulate and reserve 34 CFR 403. 34 CFR 406 The Department will rescind its regulations at 34 CFR 406.1 -- 406.5 (subpart A); 34 CFR 406.10 (subpart B); 34 CFR 406.20 -- 406.21 (subpart C); and 34 CFR 406.30 -- 406.33 (subpart D) related to the Tech-Prep Education Program because they are outdated. These actions are necessary because Perkins IV has updated requirements relative to the program and the program is no longer funded under Perkins IV. The Department will reserve subparts A, B, C, and D of 34 CFR 406. With these actions we will deregulate and reserve 34 CFR 406. 34 CFR 410 The Department will rescind its regulations at 34 CFR 410.1 -- 410.5 (subpart A); 34 CFR 410.10 (subpart B); 34 CFR 410.20 -- 410.24 (subpart C);and 34 CFR 410.30 -- 410.31 (subpart D) related to the Tribally Controlled Postsecondary Vocational Institutions Program because they are outdated. This action is necessary because Perkins IV has updated requirements as the Tribally Controlled Postsecondary Career and Technical Institutions. The Department will reserve subparts A, B, C, and D of 34 CFR 410. With these actions we will deregulate and reserve 34 CFR 410. 34 CFR 411 The Department will rescind its regulations at 34 CFR 411.1 -- 411.5 (subpart A) and 34 CFR 411.20 -- 411.24 (subpart C) related to the Vocational Education Research Program because they are outdated. This is necessary because Perkins IV has updated requirements relative to research requirements. Subpart B of 34 CFR 411 is currently reserved. The Department will also reserve subparts A and C of 34 CFR 411. With these actions we will deregulate and reserve 34 CFR 411. 34 CFR 413 The Department will rescind its regulations at 34 CFR 413.1 -- 413.6 (subpart A); 34 CFR 413.20 -- 413.22 (subpart C); and 34 CFR 413.30 -- 413.34 (subpart D) related to the National Centers for Research in Vocational Education because they are outdated. These actions are necessary because Perkins IV has updated requirements relative to a national research center in career and technical education. Subpart B of 34 CFR 413 is currently reserved. The Department will also reserve subparts A, C, and D of 34 CFR 413. With these actions we will deregulate and reserve 34 CFR 413. |
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Agency: Department of Education(ED) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
EO 13771 Designation: Deregulatory | |
CFR Citation: 34 CFR 400 34 CFR 401.1-22 34 CFR 401.30-31 34 CFR 402 34 CFR 403 34 CFR 406 34 CFR 410 34 CFR 411 34 CFR 413 | |
Legal Authority: 20 U.S.C. 3474 20 U.S.C. 1221e-3 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Federalism: No | |
Included in the Regulatory Plan: No | |
Public Comment URL: www.regulations.gov | |
RIN Data Printed in the FR: No | |
Agency Contact: Hugh Reid Department of Education Office of Career, Technical, and Adult Education 400 Maryland Avenue SW, Room 11-114, Washington, DC 20202 Phone:202 245-7491 Email: hugh.reid@ed.gov |