Title 20 — Education

Part F · Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools

§ 6571. Federal regulations

Statutory text

In general

The Secretary may issue, in accordance with subsections (b) through (d) and subject to section 6311(e) of this title, such regulations as are necessary to reasonably ensure that there is compliance with this subchapter.

Negotiated rulemaking process

In general

Before publishing in the Federal Register proposed regulations to carry out this subchapter, the Secretary shall obtain the advice and recommendations of representatives of Federal, State, and local administrators, parents, teachers, principals, other school leaders (including charter school leaders), paraprofessionals, and members of local school boards and other organizations involved with the implementation and operation of programs under this subchapter.

Meetings and electronic exchange

Such advice and recommendations may be obtained through such mechanisms as regional meetings and electronic exchanges of information. Such regional meetings and electronic exchanges of information shall be public and notice of such meetings and exchanges shall be provided to interested stakeholders.

Proposed regulations

After obtaining such advice and recommendations, and before publishing proposed regulations, the Secretary shall—

establish a negotiated rulemaking process on, at a minimum, standards, assessments under section 6311(b)(2) of this title, and the requirement under section 6321 of this title that funds under part A be used to supplement, and not supplant, State and local funds;

select individuals to participate in such process from among individuals or groups that provided advice and recommendations, including representation from all geographic regions of the United States, in such numbers as will provide an equitable balance between representatives of parents and students and representatives of educators and education officials; and

prepare a draft of proposed policy options that shall be provided to the individuals selected by the Secretary under subparagraph (B) not less than 15 days before the first meeting under such process.

Process

Such process—

shall not be subject to chapter 10 of title 5; and

shall, unless otherwise provided as described in subsection (c), follow the provisions of subchapter III of chapter 5 of title V 1 (commonly known as the “Negotiated Rulemaking Act of 1990”).

Alternative process for certain exceptions

If consensus, as defined in section 562 of title 5, on any proposed regulation is not reached by the individuals selected under subsection (b)(3)(B) for the negotiated rulemaking process, or if the Secretary determines that a negotiated rulemaking process is unnecessary, the Secretary may propose a regulation in the following manner:

Notice to Congress

Not less than 15 business days prior to issuing a notice of proposed rulemaking in the Federal Register, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and the Workforce of the House of Representatives, and other relevant congressional committees, notice of the Secretary’s intent to issue a notice of proposed rulemaking that shall include—

a copy of the proposed regulation;

the need to issue the regulation;

the anticipated burden, including the time, cost, and paperwork burden, the regulation will impose on State educational agencies, local educational agencies, schools, and other entities that may be impacted by the regulation;

the anticipated benefits to State educational agencies, local educational agencies, schools, and other entities that may be impacted by the regulation; and

any regulations that will be repealed when the new regulation is issued.

Comment period for Congress

The Secretary shall—

before issuing any notice of proposed rulemaking under this subsection, provide Congress with a comment period of 15 business days to make comments on the proposed regulation, beginning on the date that the Secretary provides the notice of intent to the appropriate committees of Congress under paragraph (1); and

include and seek to address all comments submitted by Congress in the public rulemaking record for the regulation published in the Federal Register.

Comment and review period; emergency situations

The comment and review period for any proposed regulation shall be not less than 60 days unless an emergency requires a shorter period, in which case the Secretary shall—

designate the proposed regulation as an emergency with an explanation of the emergency in the notice to Congress under paragraph (1);

publish the length of the comment and review period in such notice and in the Federal Register; and

conduct immediately thereafter regional meetings to review such proposed regulation before issuing any final regulation.

Limitation

Regulations to carry out this subchapter may not require local programs to follow a particular instructional model, such as the provision of services outside the regular classroom or school program.

Rule of construction

Nothing in this section affects the applicability of subchapter II of chapter 5, and chapter 7, of title 5 (commonly known as the “Administrative Procedure Act”) or chapter 8 of title 5 (commonly known as the “Congressional Review Act”).

Footnotes

1 So in original. Probably should be “5”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2002
Elementary and Secondary Education Act of 1965
Pub. L. 89–10 title I § 1601 · 79 Stat. 27
Enacted · 20 U.S.C. § 6571
Pub. L. 89–10, title I, § 1601, formerly § 1901, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1617
Source evidence
Code source credit
Pub. L. 89–10, title I, § 1601, formerly § 1901, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1617
2015
Every Student Succeeds Act
Pub. L. 114–95 § 1601(a)(1) · 129 Stat. 1802
Inserted · 20 U.S.C. § 6571(a)
Pub. L. 114–95, § 1601(a)(1), inserted “, in accordance with subsections (b) through (d) and subject to section 6311(e) of this title,” after “may issue”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 114–95, § 1601(a)(1), inserted “, in accordance with subsections (b) through (d) and subject to section 6311(e) of this title,” after “may issue”.
Enacted provision · exact public law section
(1) in subsection (a), by inserting “, in accordance with subsections (b) through (d) and subject to section 1111(e),” after “may issue”;
Effective date note
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
2015
Every Student Succeeds Act
Pub. L. 114–95 § 1601(a)(2)(A) · 129 Stat. 1802
Inserted · 20 U.S.C. § 6571(b)(1)
Pub. L. 114–95, § 1601(a)(2)(A), inserted “principals, other school leaders (including charter school leaders),” after “teachers,”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 114–95, § 1601(a)(2)(A), inserted “principals, other school leaders (including charter school leaders),” after “teachers,”.
Enacted provision · exact public law section
(A) in paragraph (1), by inserting “principals, other school leaders (including charter school leaders),” after “teachers,”;
Effective date note
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
2015
Every Student Succeeds Act
Pub. L. 114–95 § 1601(a)(2)(B) · 129 Stat. 1802
Inserted · 20 U.S.C. § 6571(b)(2)
Pub. L. 114–95, § 1601(a)(2)(B), inserted at end “Such regional meetings and electronic exchanges of information shall be public and notice of such meetings and exchanges shall be provided to interested stakeholders.”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 114–95, § 1601(a)(2)(B), inserted at end “Such regional meetings and electronic exchanges of information shall be public and notice of such meetings and exchanges shall be provided to interested stakeholders.”
Enacted provision · exact public law section
(B) in paragraph (2), by adding at the end the following: “Such regional meetings and electronic exchanges of information shall be public and notice of such meetings and exchanges shall be provided to interested stakeholders.”;
Effective date note
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
2015
Every Student Succeeds Act
Pub. L. 114–95 § 1601(a)(2)(C) · 129 Stat. 1802
Substituted · 20 U.S.C. § 6571(b)(3)(A)
Pub. L. 114–95, § 1601(a)(2)(C), substituted “standards, assessments under section 6311(b)(2) of this title, and the requirement under section 6321 of this title that funds under part A be used to supplement, and not supplant, State and local funds” for “standards and assessments”
Source evidence
Code amendment note
Subsec. (b)(3)(A). Pub. L. 114–95, § 1601(a)(2)(C), substituted “standards, assessments under section 6311(b)(2) of this title, and the requirement under section 6321 of this title that funds under part A be used to supplement, and not supplant, State and local funds” for “standards and assessments”.
Enacted provision · exact public law section
(C) in paragraph (3)(A), by striking “standards and assessments” and inserting “standards, assessments under section 1111(b)(2), and the requirement under section 1118 that funds under part A be used to supplement, and not supplant, State and local funds”;
Effective date note
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
2015
Every Student Succeeds Act
Pub. L. 114–95 § 1601(a)(2)(D) · 129 Stat. 1802
1. Added · 20 U.S.C. § 6571(b)(4)
  Pub. L. 114–95, § 1601(a)(2)(D), added par. (4)
2. Struck · 20 U.S.C. § 6571(b)(4)
  Pub. L. 114–95, § 1601(a)(2)(D), struck out former par. (4). Prior to amendment, text read as follows: “Such process—
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 114–95, § 1601(a)(2)(D), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: “Such process—
“(A) shall be conducted in a timely manner to ensure that final regulations are issued by the Secretary not later than 1 year after January 8, 2002; and “(B) shall not be subject to the Federal Advisory Committee Act, but shall otherwise follow the provisions of the Negotiated Rulemaking Act of 1990 (5 U.S.C. 561 et seq.).”
Enacted provision · exact public law section
(D) by striking paragraph (4) and inserting the following: “(4) Process.— Such process— “(A) shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.); and “(B) shall, unless otherwise provided as described in subsection (c), follow the provisions of subchapter III of chapter 5 of title V, United States Code (commonly known as the ‘Negotiated Rulemaking Act of 1990’).” ; and
Effective date note
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
2015
Every Student Succeeds Act
Pub. L. 114–95 § 1601(a)(2)(E) · 129 Stat. 1802
Struck · 20 U.S.C. § 6571(b)(5)
Pub. L. 114–95, § 1601(a)(2)(E), struck out par. (5). Text read as follows: “In an emergency situation in which regulations to carry out this subchapter must be issued within a very limited time to assist State educational agencies and local educational agencies with the operation of a program under this subchapter, the Secretary may issue proposed regulations without following such process but shall, immediately thereafter and before issuing final regulations, conduct regional meetings to review such proposed regulations.”
Source evidence
Code amendment note
Subsec. (b)(5). Pub. L. 114–95, § 1601(a)(2)(E), struck out par. (5). Text read as follows: “In an emergency situation in which regulations to carry out this subchapter must be issued within a very limited time to assist State educational agencies and local educational agencies with the operation of a program under this subchapter, the Secretary may issue proposed regulations without following such process but shall, immediately thereafter and before issuing final regulations, conduct regional meetings to review such proposed regulations.”
Enacted provision · exact public law section
(E) by striking paragraph (5);
Effective date note
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
2015
Every Student Succeeds Act
Pub. L. 114–95 § 1601(a)(3) · 129 Stat. 1802
1. Added · 20 U.S.C. § 6571(c); 20 U.S.C. § 6571(d)
  Pub. L. 114–95, § 1601(a)(3)–(5), added subsec. (c)
2. Redesignated · 20 U.S.C. § 6571(c); 20 U.S.C. § 6571(d)
  Pub. L. 114–95, § 1601(a)(3)–(5), redesignated former subsec. (c) as (d), and in subsec. (d) substituted “this subchapter” for “this part”
Source evidence
Code amendment note
Subsecs. (c), (d). Pub. L. 114–95, § 1601(a)(3)–(5), added subsec. (c), redesignated former subsec. (c) as (d), and in subsec. (d) substituted “this subchapter” for “this part”.
Enacted provision · exact public law section
(3) by redesignating subsection (c) as subsection (d);
Effective date note
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
2015
Every Student Succeeds Act
Pub. L. 114–95 § 1601(a)(6) · 129 Stat. 1802
Added · 20 U.S.C. § 6571(e)
Pub. L. 114–95, § 1601(a)(6), added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 114–95, § 1601(a)(6), added subsec. (e).
Enacted provision · exact public law section
(6) by inserting after subsection (d), as redesignated by paragraph (3), the following: “(e) Rule of Construction.— Nothing in this section affects the applicability of subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ‘Administrative Procedure Act’) or chapter 8 of title 5, United States Code (commonly known as the ‘Congressional Review Act’).” .
Effective date note
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
2022
Pub. L. 117–286 § 4(a)(152) · 136 Stat. 4196
Substituted · 20 U.S.C. § 6571(b)(4)(A)
Pub. L. 117–286 substituted “chapter 10 of title 5;” for “the Federal Advisory Committee Act (5 U.S.C. App.);”
Source evidence
Code amendment note
Subsec. (b)(4)(A). Pub. L. 117–286 substituted “chapter 10 of title 5;” for “the Federal Advisory Committee Act (5 U.S.C. App.);”.
Enacted provision · exact public law section
(152) Section 1601(b)(4)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6571(b)(4)(A)) is amended by striking “the Federal Advisory Committee Act (5 U.S.C. App.);” and inserting “chapter 10 of title 5, United States Code;”.

11 of 12 references resolved to an enrolled provision · 1 partial

Editorial Notes

Prior Provisions

A prior section 1601 of Pub. L. 89–10 was classified to section 6511 of this title, prior to repeal by Pub. L. 114–95.

Another prior section 1601 of Pub. L. 89–10 was classified to section 6511 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.

Amendments2015–2022 · 2 rounds

2022

Subsec. (b)(4)(A). Pub. L. 117–286 substituted “chapter 10 of title 5;” for “the Federal Advisory Committee Act (5 U.S.C. App.);”.

2015

Subsec. (a). Pub. L. 114–95, § 1601(a)(1), inserted “, in accordance with subsections (b) through (d) and subject to section 6311(e) of this title,” after “may issue”.

Subsec. (b)(1). Pub. L. 114–95, § 1601(a)(2)(A), inserted “principals, other school leaders (including charter school leaders),” after “teachers,”.

Subsec. (b)(2). Pub. L. 114–95, § 1601(a)(2)(B), inserted at end “Such regional meetings and electronic exchanges of information shall be public and notice of such meetings and exchanges shall be provided to interested stakeholders.”

Subsec. (b)(3)(A). Pub. L. 114–95, § 1601(a)(2)(C), substituted “standards, assessments under section 6311(b)(2) of this title, and the requirement under section 6321 of this title that funds under part A be used to supplement, and not supplant, State and local funds” for “standards and assessments”.

Subsec. (b)(4). Pub. L. 114–95, § 1601(a)(2)(D), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: “Such process—

“(A) shall be conducted in a timely manner to ensure that final regulations are issued by the Secretary not later than 1 year after January 8, 2002; and

“(B) shall not be subject to the Federal Advisory Committee Act, but shall otherwise follow the provisions of the Negotiated Rulemaking Act of 1990 (5 U.S.C. 561 et seq.).”

Subsec. (b)(5). Pub. L. 114–95, § 1601(a)(2)(E), struck out par. (5). Text read as follows: “In an emergency situation in which regulations to carry out this subchapter must be issued within a very limited time to assist State educational agencies and local educational agencies with the operation of a program under this subchapter, the Secretary may issue proposed regulations without following such process but shall, immediately thereafter and before issuing final regulations, conduct regional meetings to review such proposed regulations.”

Subsecs. (c), (d). Pub. L. 114–95, § 1601(a)(3)–(5), added subsec. (c), redesignated former subsec. (c) as (d), and in subsec. (d) substituted “this subchapter” for “this part”.

Subsec. (e). Pub. L. 114–95, § 1601(a)(6), added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

Credits

2002–2022 · 3 acts

2002Pub. L. 89–10, title I, § 1601, formerly § 1901, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1617
2015renumbered § 1601 and amended Pub. L. 114–95, title I, §§ 1501(a)(4), 1601(a), Dec. 10, 2015, 129 Stat. 1906, 1910
2022Pub. L. 117–286, § 4(a)(152), Dec. 27, 2022, 136 Stat. 4322.

Show as published

(Pub. L. 89–10, title I, § 1601, formerly § 1901, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1617; renumbered § 1601 and amended Pub. L. 114–95, title I, §§ 1501(a)(4), 1601(a), Dec. 10, 2015, 129 Stat. 1906, 1910; Pub. L. 117–286, § 4(a)(152), Dec. 27, 2022, 136 Stat. 4322.)