Negotiated Rulemaking Committee; Negotiator Nominations and Schedule of Committee Meetings, 5969-5971 [2016-02224]
[Federal Register Volume 81, Number 23 (Thursday, February 4, 2016)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02224]
DEPARTMENT OF EDUCATION
34 CFR Chapter II
[Docket ID ED-2015-OESE-0130]
Negotiated Rulemaking Committee; Negotiator Nominations and
Schedule of Committee Meetings
AGENCY: Office of Elementary and Secondary Education, Department of
ACTION: Intent to establish a negotiated rulemaking committee.
SUMMARY: We announce our intention to establish a negotiated rulemaking
committee prior to publishing proposed regulations to implement part A
of title I, Improving Basic Programs Operated by Local Educational
Agencies, of the Elementary and Secondary Education Act of 1965 (ESEA),
as amended by the Every Student Succeeds Act (ESSA). The negotiating
committee will include representatives of constituencies that are
significantly affected by the topics proposed for negotiations,
including Federal, State, and local education administrators, tribal
leadership, parents and students, including historically
underrepresented students, teachers, principals, other school leaders
(including charter school leaders), paraprofessionals, members of State
and local boards of education, the civil rights community, including
representatives of students with disabilities, English learners, and
other historically underserved students, and the business community. We
request nominations for individual negotiators who represent key
stakeholder constituencies for the issues to be negotiated to serve on
the committee, and we set a schedule for committee meetings.
DATES: We must receive your nominations for negotiators to serve on the
committee on or before February 25, 2016. The dates, times, and
locations of the committee meetings are set out in the Schedule for
Negotiations section in the SUPPLEMENTARY INFORMATION section of this
ADDRESSES: Submit your nominations for negotiators to James Butler,
U.S. Department of Education, 400 Maryland Avenue SW., Room 3W246,
Washington, DC 20202. Telephone (202) 260-9737 or by email:
FOR FURTHER INFORMATION CONTACT: James Butler, U.S. Department of
Education, 400 Maryland Avenue SW., Room 3W246, Washington, DC 20202.
Telephone (202) 260-9737 or by email: OESE.ESSA.firstname.lastname@example.org.
If you use a telecommunications device for the deaf or a text
telephone, call the Federal Relay Service, toll free, at 1-800-877-
On December 10, 2015, the President signed into law the ESSA,
amending the ESEA. Among other things, the ESSA reauthorizes, for a
four-year period, programs under title I of the ESEA, which are
designed to provide all children significant opportunity to receive a
fair, equitable, and high-quality education, and to close educational
On December 22, 2015, we published a request for information and
notice of meetings (RFI) in the Federal Register (80 FR 79528), seeking
advice and recommendations on regulatory issues under title I of the
ESEA, and providing notice of regional meetings at which stakeholders
were able to provide such advice and recommendations. Those meetings
were held on January 11, 2016, in Washington, DC, and on January 19,
2016, in Los Angeles, California. The Department will post transcripts
from the hearings on its Web site at http://www2.ed.gov/policy/elsec/leg/essa/index.html as soon as they are available.
In response to the RFI, the Department received written comments
from more than 370 individuals and organizations. Those written
comments may be viewed through the Federal eRulemaking Portal at
www.regulations.gov. Instructions for finding comments are available on
the site under ``How to Use
Regulations.gov'' in the Help section. Individuals can enter docket ID
ED-2015-OESE-0130 in the search box to locate the appropriate docket.
Regulatory Issues: After considering the advice and recommendations
provided at the regional meetings and through written comments, we have
decided to establish a negotiating committee to:
(1) Prepare proposed regulations that would update existing
assessment regulations to reflect changes to section 1111(b)(2) of the
(i) Locally selected nationally recognized high school assessments,
under section 1111(b)(2)(H);
(ii) The exception for advanced mathematics assessments in 8th
grade, under section 1111(b)(2)(C);
(iii) Inclusion of students with disabilities in academic
assessments, including alternate assessments based on alternate
academic achievement standards for students with the most significant
cognitive disabilities, subject to a cap of 1.0% of students assessed
for a subject;
(iv) Inclusion of English learners in academic assessments and
English language proficiency assessments; and
(v) Computer-adaptive assessments.
(2) Prepare proposed regulations related to the requirement under
section 1118(b) of the ESEA that title I, part A funds be used to
supplement, and not supplant, non-Federal funds, specifically:
(i) Regarding the methodology a local educational agency uses to
allocate State and local funds to each title I school to ensure
compliance with the supplement not supplant requirement; and
(ii) The timeline for compliance.
These topics are tentative. Topics may be added or removed as the
Selection of Negotiators: We intend to select negotiators for the
committee who represent the interests that may be significantly
affected by the topics proposed for negotiation. In so doing, we will
comply with the requirement in section 1601(b)(3)(B) of the ESEA, that
negotiators be selected from among individuals or groups that provided
advice and recommendations in response to the RFI (e.g., if a member of
an organization provided a response to the RFI, then another member of
that organization can be nominated and selected for the committee),
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. In addition, we will select
negotiators who will contribute to the diversity and expertise of the
negotiating committee. Our goal is to establish a committee that will
allow significantly affected parties to be represented while keeping
the committee small enough to ensure meaningful participation by all
We intend to select at least one negotiator for each constituency
represented on the committee. For any constituency that is represented
by only one negotiator, we will also select an alternate. In cases of
constituencies for which an alternate is selected, the primary
negotiator will participate for the purpose of determining consensus;
the alternate negotiator will participate for the purpose of
determining consensus only in the absence of the primary negotiator.
All members, including any alternates, may speak during the
Individuals who are not selected as members of the committee will
be able to attend the committee meetings (which will be open to the
Constituencies: The Department plans to seat as negotiators one or
more individuals representing these constituencies:
State administrators and State boards of education;
Local administrators and local boards of education;
Parents and students, including historically underserved
Other school leaders, including charter school leaders;
The civil rights community, including representatives of
students with disabilities, English learners, and other historically
The business community; and
The goal of the committee is to develop proposed regulations that
reflect a final consensus of the committee. An individual selected as a
negotiator will be expected to represent the interests of his or her
constituency and participate in the negotiations in a manner consistent
with the goal of developing proposed regulations on which the committee
will reach consensus. If consensus is reached, the negotiator and, if
applicable, his or her employer organization, is bound by the consensus
and may not submit a negative comment through the public comment
process on the resulting proposed regulations. The Department will not
consider any such negative comments.
Nominations: Nominations should include:
The name of the nominee and the constituency the nominee
Evidence of the nominee's expertise or experience in the
topics proposed for negotiations.
Evidence of support from individuals or groups within the
constituency that the nominee will represent.
The nominee's commitment that he or she is available to
attend all negotiation sessions and will actively participate in good
faith in the development of the proposed regulations.
The nominee's contact information, including address,
phone number, and email address.
Nominees will be notified of whether they have been selected as
negotiators as soon as the Department's review process is completed.
Schedule for Negotiations: The committee will meet for two sessions
on the following dates:
Session 1: March 21-March 23, 2016
Session 2: April 6-April 8, 2016
In addition, an optional third session may be scheduled for April
18-April 19, 2016, if the committee determines that a third session
would enable the committee to complete its work of developing proposed
regulations that reflect a final consensus of the committee. Sessions
will run from 9 a.m. to 5 p.m.
The committee meetings will be held at the U.S. Department of
Education, 400 Maryland Avenue SW., Washington, DC 20202.
The meetings are open to the public.
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., braille, large print,
audiotape, or compact disc) on request to the program contact person
listed under FOR FURTHER INFORMATION CONTACT.
The site of the meetings for the negotiated rulemaking process is
accessible to individuals with disabilities. If you need an auxiliary
aid or service to participate in the meeting (e.g., interpreting
service, assistive listening device, or materials in alternative
format), notify the program contact person listed under FOR FURTHER
INFORMATION CONTACT in advance of the scheduled meeting date. We will
make every effort to meet any request we receive.
Electronic Access to This Document: The official version of this
document is the document published in the Federal
Register. Free Internet access to the official edition of the Federal
Register and the Code of Federal Regulations is available via the
Federal Digital System at: www.gpo.gov/fdsys. At this site you can view
this document, as well as all other documents of this Department
published in the Federal Register, in text or Adobe Portable Document
Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is
available free at the site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at:
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Dated: February 1, 2016.
John B. King, Jr.,
Acting Secretary of Education.
[FR Doc. 2016-02224 Filed 2-3-16; 8:45 am]
BILLING CODE 4000-01-P