Sec. 1015. General provisions
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Title I ( 20 U.S.C. 6301 et seq. ) is amended— by striking parts E, F, G, and H; by redesignating part I as part E; by striking sections 1907 and 1908; by redesignating sections 1901, 1902, 1903, 1905, and 1906 as sections 1501, 1502, 1503, 1504, and 1505, respectively; in section 1501, as redesignated by paragraph (4)— in subsection (a), by inserting , in accordance with subsections
(b)through (d), after may issue ; in subsection (b)— in paragraph (1), by inserting principals, other school leaders, after teachers, ; in paragraph (2), by adding at the end the following: All information from such regional meetings and electronic exchanges shall be made public in an easily accessible manner to interested parties. ; in paragraph (3)(A), by striking standards and assessments and inserting standards, assessments, the State accountability system under section 1111(b)(3), school intervention and support under section 1114, and the requirement that funds be supplemented and not supplanted under section 1117; ; by striking paragraph
(4)and inserting the following: Such process shall not be subject to the Federal Advisory Committee Act, but shall, unless otherwise provided as described in subsection (c), follow the provisions of the Negotiated Rulemaking Act of 1990 ( 5 U.S.C. 561 et seq. ). ; and by striking paragraph
(5)and inserting the following: In an emergency situation in which regulations to carry out this title 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 title, the Secretary may issue a proposed regulation without following such process but shall— designate the proposed regulation as an emergency with an explanation of the emergency in a notice provided to Congress; publish the duration of the comment and review period in such notice and in the Federal Register; and conduct regional meetings to review such proposed regulation before issuing any final regulation. ; by redesignating subsection
(c)as subsection (d); by inserting after subsection
(b)the following: If consensus, as defined in section 562 of title 5, United States Code, on any proposed regulation is not reached by the individuals selected under paragraph (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: Not less than 30 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 regulation to be proposed; a justification of the need to issue a regulation; 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 regulation; the anticipated benefits to State educational agencies, local educational agencies, schools, and other entities that may be impacted by the regulation; any regulations that will be repealed when the new regulations are issued; and an opportunity to comment on the information in subparagraphs
(A)through (E). The Secretary shall provide Congress with a 15-day period, beginning after the date on which the Secretary provided the notice of any proposed rulemaking to Congress under paragraph (1), to make comments on the proposed rule. After addressing all comments received from Congress during such period, the Secretary may proceed with the rulemaking process under section 553 of title 5, United States Code, as modified by this section. The public comment and review period for any proposed regulation shall be not less than 90 days unless an emergency requires a shorter period, in which case the Secretary shall comply with the process outlined in subsection (b)(5). No regulation shall be made final after the comment and review period described in paragraph
(3)until the Secretary has published in the Federal Register— an assessment of the proposed regulation that— includes a representative sampling of local educational agencies based on enrollment, geographic diversity (including suburban, urban, and rural local educational agencies), and other factors impacted by the proposed regulation; addresses the burden, including the time, cost, and paperwork burden, that the regulation will impose on State educational agencies, local educational agencies, schools, and other entities that may be impacted by the regulation; addresses the benefits to State educational agencies, local educational agencies, schools, and other entities that may be impacted by the regulation; and thoroughly addresses, based on the comments received during the comment and review period under paragraph (3), whether the rule is financially and operationally viable at the local level; and an explanation of how the entities described in subparagraph (A)(ii) may cover the cost of the burden assessed under such subparagraph. ; and by inserting after subsection (d), as redesignated by subparagraph (C), the following: 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 ). ; in section 1502(a), as redesignated by paragraph (4), by striking section 1901 and inserting section 1501 ; and by striking or provides a written and all that follows through the period at the end and inserting or where negotiated rulemaking is not pursued, shall conform to section 1501(c). ; and in section 1503, as redesignated by paragraph (4)— in subsection (a)(2), by striking student academic achievement and inserting academic ; and in subsection (b)(2)— in subparagraph (C), by striking , including vocational educators ; in subparagraph (F), by striking and after the semicolon; and by striking subparagraph
(G)and inserting the following: specialized instructional support personnel; representatives of charter schools, as appropriate; and paraprofessionals. .
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