Sec. 151. General provisions for title I
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Part I of title I (20 U.S.C. 6571 et seq.)— is transferred to appear after part B (as redesignated); and is amended to read as follows: The Secretary may, in accordance with subsections
(b)through (d), issue such regulations as are necessary to reasonably ensure there is compliance with this title. Before publishing in the Federal Register proposed regulations to carry out this title, the Secretary shall obtain the advice and recommendations of representatives of Federal, State, and local administrators, parents, teachers, and members of local school boards and other organizations involved with the implementation and operation of programs under this title. Such advice and recommendations may be obtained through such mechanisms as regional meetings and electronic exchanges of information. After obtaining such advice and recommendations, and before publishing proposed regulations, the Secretary shall— establish a negotiated rulemaking process; 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. If the Secretary determines that a negotiated rulemaking process is unnecessary or the individuals selected to participate in the process under paragraph (3)(B) fail to reach unanimous agreement, the Secretary may propose regulations under the following procedure: Not less than 30 days prior to beginning a rulemaking process, the Secretary shall provide to Congress, including the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, notice that shall include— a copy of the proposed regulations; the need to issue regulations; the anticipated burden, including the time, cost, and paperwork burden, the regulations will have on State educational agencies, local educational agencies, schools, and other entities that may be impacted by the regulations; and any regulations that will be repealed when the new regulations are issued. 30 days after giving notice of the proposed rule to Congress, the Secretary may proceed with the rulemaking process after all comments received from the Congress have been addressed and publishing how such comments are addressed with the proposed rule. The comment and review period for any proposed regulation shall be 90 days unless an emergency requires a shorter period, in which case such period shall be not less than 45 days and the Secretary shall— designate the proposed regulation as an emergency with an explanation of the emergency in the notice and report to Congress under paragraph (1); and publish the length of the comment and review period in such notice and in the Federal Register. No regulation shall be made final after the comment and review period until the Secretary has published in the Federal Register an independent assessment of— the 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; and an explanation of how the entities described in subparagraph
(A)may cover the cost of the burden assessed under subparagraph (A). Regulations to carry out this title may not require local programs to follow a particular instructional model, such as the provision of services outside the regular classroom or school program. In the case in which a negotiated rule making process is established under subsection
(b)of section 1401, all published proposed regulations shall conform to agreements that result from the rulemaking described in section 1401 unless the Secretary reopens the negotiated rulemaking process. The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained. Each State that receives funds under this title shall— ensure that any State rules, regulations, and policies relating to this title conform to the purposes of this title and provide any such proposed rules, regulations, and policies to the committee of practitioners created under subsection
(b)for review and comment; minimize such rules, regulations, and policies to which the State’s local educational agencies and schools are subject; eliminate or modify State and local fiscal accounting requirements in order to facilitate the ability of schools to consolidate funds under schoolwide programs; identify any such rule, regulation, or policy as a State-imposed requirement; and identify any duplicative or contrasting requirements between the State and Federal rules or regulations; eliminate the rules and regulations that are duplicative of Federal requirements; and report any conflicting requirements to the Secretary and determine which Federal or State rule or regulation shall be followed. State rules, regulations, and policies under this title shall support and facilitate local educational agency and school-level systemic reform designed to enable all children to meet the State academic standards. Each State educational agency that receives funds under this title shall create a State committee of practitioners to advise the State in carrying out its responsibilities under this title. Each such committee shall include— as a majority of its members, representatives from local educational agencies; administrators, including the administrators of programs described in other parts of this title; teachers from public charter schools, traditional public schools, and career and technical educators; parents; members of local school boards; representatives of private school children; and specialized instructional support personnel. The duties of such committee shall include a review, before publication, of any proposed or final State rule or regulation pursuant to this title. In an emergency situation where such rule or regulation must be issued within a very limited time to assist local educational agencies with the operation of the program under this title, the State educational agency may issue a regulation without prior consultation, but shall immediately thereafter convene the State committee of practitioners to review the emergency regulation before issuance in final form. Nothing in this title shall be construed to mandate equalized spending per pupil for a State, local educational agency, or school. .
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Sec. 151
General provisions for title I
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