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ED/OPE RIN: 1840-AD45 Publication ID: Spring 2020 
Title: Equal Participation of Faith-Based Organizations in Department of Education Programs and Activities: Implementation of Executive Order 13831  

This proposed rule would amend the Department of Education’s (the Department’s) regulations to implement Executive Order 13831 (Establishment of a White House Faith and Opportunity Initiative). Among other changes, this rule proposes to provide clarity regarding the rights and obligations of faith-based organizations participating in the Department’s programs. This proposed rule would also implement Executive Order 13854 (Improving Free Inquiry, Transparency, and Accountability at Colleges and Universities) and proposes to ensure that postsecondary institutions that receive Federal research or education grants comply with free speech rights guaranteed by the First Amendment (for public entities) and with stated institutional policies regarding freedom of speech (for private institutions). The proposed rule would also define the phrase "controlled by a religious organization" in Title IX. This proposed rulemaking aligns with the Department’s goal of implementing its programs and activities consistent with the First Amendment to the Constitution and the requirements of federal law, including the Religious Freedom Restoration Act.

Agency: Department of Education(ED)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
EO 13771 Designation: Deregulatory 
CFR Citation: 2 CFR 3474.15    34 CFR 75    34 CFR 76    34 CFR 606    34 CFR 607    ...     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 20 U.S.C. 1221e-3    20 U.S.C. 3474    20 U.S.C. 1101 et seq.    20 U.S.C. 1057 et seq.   
Legal Deadline:  None
Action Date FR Cite
NPRM  01/17/2020  85 FR 3190   
NPRM Comment Period End  02/18/2020 
Final Action  08/00/2020 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Sophia McArdle
Department of Education
Office of Postsecondary Education
400 Maryland Avenue SW, Room 290-44,
Washington, DC 20202
Phone:202 453-6318