Rosa's Law, 31910-31913 [2017-14343]
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Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Rules and Regulations
Department of Homeland Security Delegation
No. 0170.1.
DEPARTMENT OF EDUCATION
■
2. Add § 165.T08–0505 to read as
follows:
34 CFR Parts 104, 105, 222, 300, 361,
373, 385, 668, and 674
§ 165.T08–0505 Safety Zone; Red Bull
Flugtag, Allegheny River, Pittsburgh, PA.
[Docket ID ED–2017–OS–0051]
(a) Location. The following area is a
safety zone: All navigable waters of the
Allegheny River 200 yards from the
right descending bank from mile marker
0.0 to mile marker 0.2
(b) Effective date. This safety zone
will be in effect from 10:30 a.m. through
4:30 p.m. on August 5, 2017.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into this zone is
prohibited unless authorized by the
Captain of the Port Marine Safety Unit
Pittsburgh (COTP) or a designated
representative.
(2) Persons or vessels seeking entry
into this safety zone must request
permission from the COTP or a
designated representative. The COTP or
a designated representative may be
contacted at 412–221–0807.
(3) All persons shall comply with the
instructions of the COTP or their
designated representative. COTP or
designated representative includes a
United States Coast Guard
commissioned officer, warrant officer,
and petty officer.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public through Broadcast
Notices to Mariners of the enforcement
period for the safety zone.
Dated: July 5, 2017.
L. Mcclain, Jr.,
Commander, U.S. Coast Guard, Captain of
the Port Pittsburgh.
RIN 1801–AA11
Rosa’s Law
Office of the Secretary,
Department of Education.
ACTION: Final regulations.
AGENCY:
Rosa’s Law changes
references to ‘‘mental retardation’’ in
Federal law to ‘‘intellectual disability’’
or ‘‘intellectual disabilities.’’ These final
regulations implement this statutory
change in applicable Department of
Education regulations.
DATES: These regulations are effective
August 10, 2017.
FOR FURTHER INFORMATION CONTACT:
Levon Schlichter, U.S. Department of
Education, Office of the General
Counsel, 400 Maryland Avenue SW.,
Room 6E235, Washington, DC 20202–
2241. Telephone: (202) 453–6387 or by
email: levon.schlichter@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service, toll free, at 1–800–877–8339.
Individuals with disabilities can
obtain this document in an accessible
format (e.g., braille, large print,
audiotape, or compact disc) on request
to the contact person listed in this
section.
SUMMARY:
Rosa’s
Law (Pub. L. 111–256) amended
sections of the Rehabilitation Act of
1973, as amended (Rehabilitation Act),
the Individuals with Disabilities
Education Act (IDEA), the Higher
SUPPLEMENTARY INFORMATION:
[FR Doc. 2017–14424 Filed 7–10–17; 8:45 am]
BILLING CODE 9110–04–P
Education Act of 1965, as amended
(HEA), and the Elementary and
Secondary Education Act of 1965, as
amended (ESEA), by removing the
words ‘‘mental retardation’’ and
replacing them with the words
‘‘intellectual disability’’ or ‘‘intellectual
disabilities.’’ We are therefore revising
applicable sections in title 34 of the
Code of Federal Regulations (CFR). The
following paragraphs describe the
changes we are making to the
regulations and the specific statutory
changes on which the regulatory
changes are based.
Rehabilitation Act
Statute: Rosa’s Law amended the
Rehabilitation Act by substituting
‘‘intellectual disability’’ for ‘‘mental
retardation’’ in section 7(21)(A)(iii) (29
U.S.C. 705(21)(A)(iii)); substituting
‘‘intellectual disabilities’’ for ‘‘mental
retardation’’ in section 204(b)(2)(C)(vi)
(29 U.S.C. 764(b)(2)(C)(vi)); and
substituting ‘‘President’s Disability
Employment Partnership Board and the
President’s Committee for People with
Intellectual Disabilities’’ for ‘‘President’s
Committees on Employment of People
With Disabilities and on Mental
Retardation’’ in section 501(a) (29 U.S.C.
791(a)).
Regulations: We have substituted
‘‘intellectual disability’’ for ‘‘mental
retardation’’ and ‘‘having an intellectual
disability’’ for ‘‘mentally retarded’’ in
the following definitions:
Term
Section within title 34, CFR
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‘‘handicapped person’’ ....................................................................................................................................................
‘‘individual with a severe disability’’ ................................................................................................................................
‘‘individual with a significant disability’’ ...........................................................................................................................
‘‘individual with handicaps’’ .............................................................................................................................................
‘‘physical or mental impairment’’ ....................................................................................................................................
We have also substituted ‘‘intellectual
disability’’ for ‘‘mental retardation’’ in
Appendix A to part 104.
Reasons: We have made these
regulatory revisions to implement the
changes made to the Rehabilitation Act
by Rosa’s Law.
IDEA
Statute: Rosa’s Law amended the
IDEA by substituting ‘‘intellectual
disabilities’’ for ‘‘mental retardation’’ in
sections 601(c)(12)(C) (20 U.S.C.
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1400(c)(12)(C)) and 602(3)(A)(i) and
(30)(C) (20 U.S.C. 1401(3)(A)(i) and
(30)(C)).
Regulations: We have revised
Appendix F to 34 CFR part 300 and the
following sections in title 34 to remove
references to ‘‘mental retardation’’ and
add, in their place, references to an
‘‘intellectual disability’’: §§ 300.8(a)(1),
(c)(6), (c)(7), and (c)(10)(ii);
300.309(a)(3)(ii); and 300.311(a)(6).
Additionally, in § 300.8(c)(6), we have
replaced the defined term ‘‘mental
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§ 104.3(j)(2)(i).
§ 385.4.
§§ 361.5 and 373.4.
§ 105.3.
§ 361.5.
retardation’’ with the defined term
‘‘intellectual disability.’’
Reasons: We have made these
regulatory revisions to implement the
changes made to the IDEA by Rosa’s
Law.
HEA
Statute: Rosa’s Law amended section
760(2)(A) of the HEA (20 U.S.C.
1140(2)(A)) by removing the words
‘‘mental retardation or.’’
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Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Rules and Regulations
Regulations: We have revised 34 CFR
668.231(b)(1) to remove the reference to
‘‘mental retardation or’’ and revised 34
CFR 674.51(l)(1) to remove the words
‘‘mentally retarded’’ and add, in their
place, the words ‘‘individuals with
intellectual disabilities.’’
Reasons: We have made these
regulatory revisions to implement the
changes made to the HEA by Rosa’s
Law.
ESEA
Statute: Rosa’s Law amended the
ESEA by substituting ‘‘intellectual
disabilities’’ for ‘‘mental retardation’’ in
section 7202(16)(E) (20 U.S.C.
7512(16)(E)).
Regulations: We have revised the
authority section to 34 CFR part 222 and
also the authority section for 34 CFR
222.50 to include a citation to Rosa’s
Law.
Reasons: Section 222.50 incorporates
by reference the definition of ‘‘child
with a disability’’ in 34 CFR 300.8. To
account for the fact that we are
amending 34 CFR 300.8 in this
rulemaking, we have also revised the
relevant authority sections in part 222
accordingly.
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Executive Orders 12866, 13563, and
13771
Under Executive Order 12866, the
Secretary must determine whether the
regulatory action is ‘‘significant’’ and
therefore subject to the requirements of
the Executive order and subject to
review by the Office of Management and
Budget (OMB). Section 3(f) of Executive
Order 12866 defines a ‘‘significant
regulatory action’’ as an action likely to
result in a rule that may—
(1) Have an annual effect on the
economy of $100 million or more, or
adversely affect a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities in a material way (also
referred to as an ‘‘economically
significant’’ rule);
(2) Create serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impacts of entitlement grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
stated in the Executive order.
This final regulatory action is not a
significant regulatory action subject to
review by OMB under section 3(f) of
Executive Order 12866.
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Under Executive Order 13771, for
each new regulation that the
Department proposes for notice and
comment or otherwise promulgates that
is a significant regulatory action under
Executive Order 12866, it must identify
two deregulatory actions. For Fiscal
Year 2017, any new incremental costs
associated with a new regulation must
be fully offset by the elimination of
existing costs through deregulatory
actions. The final regulations are not a
significant regulatory action. Therefore,
the requirements of Executive Order
13771 do not apply.
We have also reviewed these
regulations under Executive Order
13563, which supplements and
explicitly reaffirms the principles,
structures, and definitions governing
regulatory review established in
Executive Order 12866. To the extent
permitted by law, Executive Order
13563 requires that an agency—
(1) Propose or adopt regulations only
upon a reasoned determination that
their benefits justify their costs
(recognizing that some benefits and
costs are difficult to quantify);
(2) Tailor its regulations to impose the
least burden on society, consistent with
obtaining regulatory objectives and
taking into account—among other things
and to the extent practicable—the costs
of cumulative regulations;
(3) In choosing among alternative
regulatory approaches, select those
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety,
and other advantages; distributive
impacts; and equity);
(4) To the extent feasible, specify
performance objectives, rather than the
behavior or manner of compliance a
regulated entity must adopt; and
(5) Identify and assess available
alternatives to direct regulation,
including economic incentives—such as
user fees or marketable permits—to
encourage the desired behavior, or
provide information that enables the
public to make choices.
Executive Order 13563 also requires
an agency ‘‘to use the best available
techniques to quantify anticipated
present and future benefits and costs as
accurately as possible.’’ The Office of
Information and Regulatory Affairs of
OMB has emphasized that these
techniques may include ‘‘identifying
changing future compliance costs that
might result from technological
innovation or anticipated behavioral
changes.’’
With respect to Executive Orders
12866 and 13563, the amendments we
are making through this rulemaking
merely change the terminology used in
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31911
our regulations, and they do not change
any substantive requirements.
Additionally, this rulemaking merely
implements the changes that are
required by statute.
Waiver of Proposed Rulemaking
Under the Administrative Procedure
Act (APA) (5 U.S.C. 553), the
Department generally offers interested
parties the opportunity to comment on
proposed regulations. However, these
regulations merely reflect statutory
changes and do not establish or affect
substantive policy. Therefore, under 5
U.S.C. 553(b)(B), the Secretary has
determined that proposed regulations
are unnecessary and contrary to the
public interest.
Regulatory Flexibility Act Certification
The Secretary certifies that these
regulations will not have a significant
economic impact on a substantial
number of small entities.
Paperwork Reduction Act of 1995
These regulations do not contain any
information collection requirements.
Intergovernmental Review
These regulations are subject to
Executive Order 12372 and the
regulations in 34 CFR part 79. One of
the objectives of the Executive order is
to foster an intergovernmental
partnership and a strengthened
federalism. The Executive order relies
on processes developed by State and
local governments for coordination and
review of proposed Federal financial
assistance.
This document provides early
notification of our specific plans and
actions for this program.
Assessment of Educational Impact
Based on our own review, we have
determined that these final regulations
do not require transmission of
information that any other agency or
authority of the United States gathers or
makes available.
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 Portable Document Format
(PDF). To use PDF you must have
Adobe Acrobat Reader, which is
available free at the site.
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Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Rules and Regulations
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.
List of Subjects
34 CFR Part 104
Civil rights, Equal educational
opportunity, Equal employment
opportunity, Individuals with
disabilities.
34 CFR Part 674
Loan programs-education, Reporting
and recordkeeping, Student aid.
Dated: July 3, 2017.
Betsy DeVos,
Secretary of Education.
For the reasons discussed in the
preamble, the Secretary amends parts
104, 105, 222, 300, 361, 373, 385, 668,
and 674 of title 34 of the Code of
Federal Regulations as follows:
PART 104—NONDISCRIMINATION ON
THE BASIS OF HANDICAP IN
PROGRAMS OR ACTIVITIES
RECEIVING FEDERAL FINANCIAL
ASSISTANCE
34 CFR Part 105
Administrative practice and
procedure, Civil rights, Equal
employment opportunity, Federal
buildings and facilities, Individuals
with disabilities.
1. The authority citation for part 104
is revised to read as follows:
■
Authority: 20 U.S.C. 1405; 29 U.S.C. 794;
Pub. L. 111–256, 124 Stat. 2643.
34 CFR Part 222
§ 104.3
Administrative practice and
procedure, Education of individuals
with disabilities, Elementary and
secondary education, Federally affected
areas, Grant programs-education,
Indians-education, Reporting and
recordkeeping requirements, School
construction.
■
34 CFR Part 300
Administrative practice and
procedure, Education of individuals
with disabilities, Elementary and
secondary education, Equal educational
opportunity, Grant programs-education,
Privacy, Private schools, Reporting and
recordkeeping requirements.
34 CFR Part 361
Grant programs-education, Grant
programs-social programs, Manpower
training programs, Reporting and
recordkeeping requirements, Vocational
rehabilitation.
34 CFR Part 373
Grant programs-education, Vocational
rehabilitation.
34 CFR Part 385
Grant programs-social programs,
Reporting and recordkeeping
requirements, Vocational rehabilitation.
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34 CFR Part 668
Administrative practice and
procedure, Colleges and universities,
Consumer protection, Grant programseducation, Loan programs-education,
Reporting and recordkeeping
requirements, Selective Service System,
Student aid, Vocational education.
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[Amended]
2. Section 104.3(j)(2)(i)(B) is amended
by removing the words ‘‘mental
retardation’’ and adding, in their place,
the words ‘‘intellectual disability’’.
Appendix A to Part 104 [Amended]
3. Appendix A to part 104 is amended
by:
■ A. In subpart A, in the fourth sentence
of the second paragraph of section 3
(Handicapped person), removing the
words ‘‘mental retardation’’ and adding,
in their place, the words ‘‘intellectual
disability’’.
■ B. In subpart A, in the third sentence
of the eighth paragraph of section 3
(Handicapped person), removing the
words ‘‘mentally retarded’’ and adding,
in their place, the words ‘‘having an
intellectual disability’’.
■ C. In subpart D, in the fifth sentence
of the fifth paragraph of section 24
(Educational setting), removing the
words ‘‘severely retarded persons’’ and
adding, in their place, the words
‘‘persons with severe intellectual
disabilities’’.
■ D. In subpart D, in the second
sentence of the second paragraph of
section 28 (Private education), removing
the words ‘‘mentally retarded persons’’
and adding, in their place, the words
‘‘persons with intellectual disabilities’’.
■
PART 105—ENFORCEMENT OF
NONDISCRIMINATION ON THE BASIS
OF HANDICAP IN PROGRAMS OR
ACTIVITIES CONDUCTED BY THE
DEPARTMENT OF EDUCATION
4. The authority citation for part 105
is revised to read as follows:
■
Authority: 29 U.S.C. 794; Pub. L. 111–256,
124 Stat. 2643; unless otherwise noted.
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§ 105.3
[Amended]
5. Section 105.3 is amended by, in
paragraph (1)(ii) of the definition of
‘‘Individual with handicaps’’ and in the
paragraph that immediately follows
paragraph (1)(ii), removing the words
‘‘mental retardation’’ wherever they
appear and adding, in their place, the
words ‘‘intellectual disability’’.
■
PART 222—IMPACT AID PROGRAMS
6. The authority citation for part 222
is revised to read as follows:
■
Authority: 20 U.S.C. 7701–7714; Pub. L.
111–256, 124 Stat. 2643; unless otherwise
noted.
§ 222.50
[Amended]
7. Section 222.50 is amended by
removing the authority citation that
follows the section.
■
PART 300—ASSISTANCE TO STATES
FOR THE EDUCATION OF CHILDREN
WITH DISABILITIES
8. The authority citation for part 300
is revised to read as follows:
■
Authority: 20 U.S.C. 1221e–3, 1406, 1411–
1419, and 3474; Pub. L. 111–256, 124 Stat.
2643; unless otherwise noted.
9. Section 300.8 is amended by:
A. In paragraph (a)(1), removing the
words ‘‘mental retardation’’ and adding,
in their place, the words ‘‘an intellectual
disability’’.
■ B. Revising paragraph (c)(6).
■ C. In paragraph (c)(7), removing the
words ‘‘mental retardation’’ in both
places they appear and adding, in their
place, the words ‘‘intellectual
disability’’.
■ D. In paragraph (c)(10)(ii), removing
the words ‘‘mental retardation’’ and
adding, in their place, the words
‘‘intellectual disability’’.
■ E. Removing the authority citation
that follows the section.
The revisions read as follows:
■
■
§ 300.8
Child with a disability.
*
*
*
*
*
(c) * * *
(6) Intellectual disability means
significantly subaverage general
intellectual functioning, existing
concurrently with deficits in adaptive
behavior and manifested during the
developmental period, that adversely
affects a child’s educational
performance. The term ‘‘intellectual
disability’’ was formerly termed ‘‘mental
retardation.’’
*
*
*
*
*
§ 300.309
[Amended]
10. Section 300.309 is amended by:
A. In paragraph (a)(3)(ii), removing
the words ‘‘Mental retardation’’ and
■
■
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Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Rules and Regulations
adding, in their place, the words ‘‘An
intellectual disability’’.
■ B. Removing the authority citation
that follows the section.
and words ‘‘motor disability, or an
intellectual disability;’’.
■ B. Removing the authority citation
that follows the section.
§ 300.311
■
[Amended]
11. Section 300.311 is amended by:
A. In paragraph (a)(6), removing the
punctuation and words ‘‘or motor
disability; mental retardation’’ and
adding, in their place, the punctuation
■
■
B. Under the row labeled
‘‘DEFINITIONS (J–O)’’, removing the
entry ‘‘Mental retardation 300.8(c)(6)’’.
■ C. Adding a row to the index, in
alphabetical order, labeled
‘‘INTELLECTUAL DISABILITY
(Definition) § 300.8(c)(6)’’.
■ D. Removing the row in the index
labeled ‘‘MENTAL RETARDATION
(Definition) 300.8(c)(6)’’.
The additions read as follows:
■
12. Appendix F to Part 300 is
amended by:
■ A. Under the row labeled
‘‘DEFINITIONS (I)’’, adding, in
alphabetical order, the entry
‘‘Intellectual Disability 300.8(c)(6)’’.
APPENDIX F TO PART 300—INDEX FOR IDEA—PART B REGULATIONS
[34 CFR Part 300]
*
*
*
*
*
*
DEFINITIONS (I)
• Intellectual Disability ......................................................................................................................................................................
300.8(c)(6).
*
*
*
*
*
*
INTELLECTUAL DISABILITY (Definition) .........................................................................................................................................
*
300.8(c)(6).
*
*
*
§ 385.4
PART 361—STATE VOCATIONAL
REHABILITATION SERVICES
PROGRAM
13. The authority citation for part 361
is revised to read as follows:
Authority: Section 12(c) of the
Rehabilitation Act of 1973, as amended; 29
U.S.C. 709(c); Pub. L. 111–256, 124 Stat.
2643; unless otherwise noted.
[Amended]
18. Section 385.4 is amended by
removing the authority citation that
follows the section.
PART 668—STUDENT ASSISTANCE
GENERAL PROVISIONS
19. The authority citation for part 668
is revised to read as follows:
■
Authority: 20 U.S.C. 1001–1003, 1070a,
1070g, 1085, 1087b, 1087d, 1087e, 1088,
1091, 1092, 1094, 1099c, and 1099c–1,
1221e–3, and 3474; Pub. L. 111–256, 124
Stat. 2643; unless otherwise noted.
[Amended]
14. Section 361.5 is amended by:
■ A. Removing the authority citation
that follows paragraph (c)(30).
■ B. Removing the authority citation
that follows paragraph (c)(40).
■
§ 668.231
[Amended]
20. Section 668.231 is amended by:
A. In paragraph (b)(1) introductory
text, removing the words ‘‘mental
retardation or’’.
■ B. Removing the authority citation
that follows the section.
■
■
PART 373—REHABILITATION
NATIONAL ACTIVITIES PROGRAMS
15. The authority citation for part 373
is revised to read as follows:
■
Authority: Section 303(b) of the
Rehabilitation Act of 1973, as amended; 29
U.S.C. 773(b); Pub. L. 111–256, 124 Stat.
2643; unless otherwise noted.
§ 373.4
*
■
■
§ 361.5
*
[Amended]
PART 674—FEDERAL PERKINS LOAN
PROGRAM
21. The authority citation for part 674
is revised to read as follows:
■
16. Section 373.4 is amended by
removing the authority citation that
follows the definition of ‘‘Individual
with a significant disability’’.
Authority: 20 U.S.C. 1070g, 1087aa–
1087hh; Pub. L. 111–256, 124 Stat. 2643;
unless otherwise noted.
PART 385—REHABILITATION
TRAINING
■
■
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■
§ 674.51
17. The authority citation for part 385
is revised to read as follows:
■
Authority: Sections 12(c), 301, and 302 of
the Rehabilitation Act of 1973, as amended;
29 U.S.C. 709(c), 771, and 772; Pub. L. 111–
256, 124 Stat. 2643; unless otherwise noted.
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[Amended]
22. Section 674.51 is amended by:
A. In paragraph (l)(1), removing the
words ‘‘Mentally retarded’’ and adding,
in their place, the words ‘‘Individuals
with intellectual disabilities’’.
■ B. Removing the authority citation
that follows the section.
[FR Doc. 2017–14343 Filed 7–10–17; 8:45 am]
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*
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2017–0278; FRL–9964–65–
Region 5]
Air Plan Approval; Illinois; Emissions
Statement Rule Certification for the
2008 Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) submission
from the Illinois Environmental
Protection Agency (IEPA) dated May 9,
2017. The submission provides IEPA’s
certification that its existing emission
statement program, titled ‘‘Annual
Emissions Report’’, remains in effect
and satisfies the Clean Air Act (CAA)
emissions statement requirement for the
Illinois portions of the ChicagoNaperville, Illinois-Indiana-Wisconsin
and St. Louis-St. Charles-Farmington,
Missouri-Illinois nonattainment areas
under the 2008 ozone National Ambient
Air Quality Standard (NAAQS). Under
the CAA, states’ SIPs must require
stationary sources in ozone
nonattainment areas classified as
marginal or above to annually report
emissions of Volatile Organic
Compounds (VOC) and Oxides of
Nitrogen (NOX).
DATES: This direct final rule is effective
September 11, 2017, unless EPA
receives adverse comments by August
10, 2017. If adverse comments are
SUMMARY:
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]]>Agencies
[Federal Register Volume 82, Number 131 (Tuesday, July 11, 2017)]
[Rules and Regulations]
[Pages 31910-31913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14343]
=======================================================================
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DEPARTMENT OF EDUCATION
34 CFR Parts 104, 105, 222, 300, 361, 373, 385, 668, and 674
[Docket ID ED-2017-OS-0051]
RIN 1801-AA11
Rosa's Law
AGENCY: Office of the Secretary, Department of Education.
ACTION: Final regulations.
-----------------------------------------------------------------------
SUMMARY: Rosa's Law changes references to ``mental retardation'' in
Federal law to ``intellectual disability'' or ``intellectual
disabilities.'' These final regulations implement this statutory change
in applicable Department of Education regulations.
DATES: These regulations are effective August 10, 2017.
FOR FURTHER INFORMATION CONTACT: Levon Schlichter, U.S. Department of
Education, Office of the General Counsel, 400 Maryland Avenue SW., Room
6E235, Washington, DC 20202-2241. Telephone: (202) 453-6387 or by
email: levon.schlichter@ed.gov.
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service, toll free, at 1-800-
877-8339.
Individuals with disabilities can obtain this document in an
accessible format (e.g., braille, large print, audiotape, or compact
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SUPPLEMENTARY INFORMATION: Rosa's Law (Pub. L. 111-256) amended
sections of the Rehabilitation Act of 1973, as amended (Rehabilitation
Act), the Individuals with Disabilities Education Act (IDEA), the
Higher Education Act of 1965, as amended (HEA), and the Elementary and
Secondary Education Act of 1965, as amended (ESEA), by removing the
words ``mental retardation'' and replacing them with the words
``intellectual disability'' or ``intellectual disabilities.'' We are
therefore revising applicable sections in title 34 of the Code of
Federal Regulations (CFR). The following paragraphs describe the
changes we are making to the regulations and the specific statutory
changes on which the regulatory changes are based.
Rehabilitation Act
Statute: Rosa's Law amended the Rehabilitation Act by substituting
``intellectual disability'' for ``mental retardation'' in section
7(21)(A)(iii) (29 U.S.C. 705(21)(A)(iii)); substituting ``intellectual
disabilities'' for ``mental retardation'' in section 204(b)(2)(C)(vi)
(29 U.S.C. 764(b)(2)(C)(vi)); and substituting ``President's Disability
Employment Partnership Board and the President's Committee for People
with Intellectual Disabilities'' for ``President's Committees on
Employment of People With Disabilities and on Mental Retardation'' in
section 501(a) (29 U.S.C. 791(a)).
Regulations: We have substituted ``intellectual disability'' for
``mental retardation'' and ``having an intellectual disability'' for
``mentally retarded'' in the following definitions:
------------------------------------------------------------------------
Term Section within title 34, CFR
------------------------------------------------------------------------
``handicapped person''........... Sec. 104.3(j)(2)(i).
``individual with a severe Sec. 385.4.
disability''.
``individual with a significant Sec. Sec. 361.5 and 373.4.
disability''.
``individual with handicaps''.... Sec. 105.3.
``physical or mental impairment'' Sec. 361.5.
------------------------------------------------------------------------
We have also substituted ``intellectual disability'' for ``mental
retardation'' in Appendix A to part 104.
Reasons: We have made these regulatory revisions to implement the
changes made to the Rehabilitation Act by Rosa's Law.
IDEA
Statute: Rosa's Law amended the IDEA by substituting ``intellectual
disabilities'' for ``mental retardation'' in sections 601(c)(12)(C) (20
U.S.C. 1400(c)(12)(C)) and 602(3)(A)(i) and (30)(C) (20 U.S.C.
1401(3)(A)(i) and (30)(C)).
Regulations: We have revised Appendix F to 34 CFR part 300 and the
following sections in title 34 to remove references to ``mental
retardation'' and add, in their place, references to an ``intellectual
disability'': Sec. Sec. 300.8(a)(1), (c)(6), (c)(7), and (c)(10)(ii);
300.309(a)(3)(ii); and 300.311(a)(6). Additionally, in Sec.
300.8(c)(6), we have replaced the defined term ``mental retardation''
with the defined term ``intellectual disability.''
Reasons: We have made these regulatory revisions to implement the
changes made to the IDEA by Rosa's Law.
HEA
Statute: Rosa's Law amended section 760(2)(A) of the HEA (20 U.S.C.
1140(2)(A)) by removing the words ``mental retardation or.''
[[Page 31911]]
Regulations: We have revised 34 CFR 668.231(b)(1) to remove the
reference to ``mental retardation or'' and revised 34 CFR 674.51(l)(1)
to remove the words ``mentally retarded'' and add, in their place, the
words ``individuals with intellectual disabilities.''
Reasons: We have made these regulatory revisions to implement the
changes made to the HEA by Rosa's Law.
ESEA
Statute: Rosa's Law amended the ESEA by substituting ``intellectual
disabilities'' for ``mental retardation'' in section 7202(16)(E) (20
U.S.C. 7512(16)(E)).
Regulations: We have revised the authority section to 34 CFR part
222 and also the authority section for 34 CFR 222.50 to include a
citation to Rosa's Law.
Reasons: Section 222.50 incorporates by reference the definition of
``child with a disability'' in 34 CFR 300.8. To account for the fact
that we are amending 34 CFR 300.8 in this rulemaking, we have also
revised the relevant authority sections in part 222 accordingly.
Executive Orders 12866, 13563, and 13771
Under Executive Order 12866, the Secretary must determine whether
the regulatory action is ``significant'' and therefore subject to the
requirements of the Executive order and subject to review by the Office
of Management and Budget (OMB). Section 3(f) of Executive Order 12866
defines a ``significant regulatory action'' as an action likely to
result in a rule that may--
(1) Have an annual effect on the economy of $100 million or more,
or adversely affect a sector of the economy, productivity, competition,
jobs, the environment, public health or safety, or State, local, or
tribal governments or communities in a material way (also referred to
as an ``economically significant'' rule);
(2) Create serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impacts of entitlement grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles stated in the
Executive order.
This final regulatory action is not a significant regulatory action
subject to review by OMB under section 3(f) of Executive Order 12866.
Under Executive Order 13771, for each new regulation that the
Department proposes for notice and comment or otherwise promulgates
that is a significant regulatory action under Executive Order 12866, it
must identify two deregulatory actions. For Fiscal Year 2017, any new
incremental costs associated with a new regulation must be fully offset
by the elimination of existing costs through deregulatory actions. The
final regulations are not a significant regulatory action. Therefore,
the requirements of Executive Order 13771 do not apply.
We have also reviewed these regulations under Executive Order
13563, which supplements and explicitly reaffirms the principles,
structures, and definitions governing regulatory review established in
Executive Order 12866. To the extent permitted by law, Executive Order
13563 requires that an agency--
(1) Propose or adopt regulations only upon a reasoned determination
that their benefits justify their costs (recognizing that some benefits
and costs are difficult to quantify);
(2) Tailor its regulations to impose the least burden on society,
consistent with obtaining regulatory objectives and taking into
account--among other things and to the extent practicable--the costs of
cumulative regulations;
(3) In choosing among alternative regulatory approaches, select
those approaches that maximize net benefits (including potential
economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity);
(4) To the extent feasible, specify performance objectives, rather
than the behavior or manner of compliance a regulated entity must
adopt; and
(5) Identify and assess available alternatives to direct
regulation, including economic incentives--such as user fees or
marketable permits--to encourage the desired behavior, or provide
information that enables the public to make choices.
Executive Order 13563 also requires an agency ``to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible.'' The Office of
Information and Regulatory Affairs of OMB has emphasized that these
techniques may include ``identifying changing future compliance costs
that might result from technological innovation or anticipated
behavioral changes.''
With respect to Executive Orders 12866 and 13563, the amendments we
are making through this rulemaking merely change the terminology used
in our regulations, and they do not change any substantive
requirements. Additionally, this rulemaking merely implements the
changes that are required by statute.
Waiver of Proposed Rulemaking
Under the Administrative Procedure Act (APA) (5 U.S.C. 553), the
Department generally offers interested parties the opportunity to
comment on proposed regulations. However, these regulations merely
reflect statutory changes and do not establish or affect substantive
policy. Therefore, under 5 U.S.C. 553(b)(B), the Secretary has
determined that proposed regulations are unnecessary and contrary to
the public interest.
Regulatory Flexibility Act Certification
The Secretary certifies that these regulations will not have a
significant economic impact on a substantial number of small entities.
Paperwork Reduction Act of 1995
These regulations do not contain any information collection
requirements.
Intergovernmental Review
These regulations are subject to Executive Order 12372 and the
regulations in 34 CFR part 79. One of the objectives of the Executive
order is to foster an intergovernmental partnership and a strengthened
federalism. The Executive order relies on processes developed by State
and local governments for coordination and review of proposed Federal
financial assistance.
This document provides early notification of our specific plans and
actions for this program.
Assessment of Educational Impact
Based on our own review, we have determined that these final
regulations do not require transmission of information that any other
agency or authority of the United States gathers or makes available.
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 Portable Document Format (PDF). To use PDF you
must have Adobe Acrobat Reader, which is available free at the site.
[[Page 31912]]
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.
List of Subjects
34 CFR Part 104
Civil rights, Equal educational opportunity, Equal employment
opportunity, Individuals with disabilities.
34 CFR Part 105
Administrative practice and procedure, Civil rights, Equal
employment opportunity, Federal buildings and facilities, Individuals
with disabilities.
34 CFR Part 222
Administrative practice and procedure, Education of individuals
with disabilities, Elementary and secondary education, Federally
affected areas, Grant programs-education, Indians-education, Reporting
and recordkeeping requirements, School construction.
34 CFR Part 300
Administrative practice and procedure, Education of individuals
with disabilities, Elementary and secondary education, Equal
educational opportunity, Grant programs-education, Privacy, Private
schools, Reporting and recordkeeping requirements.
34 CFR Part 361
Grant programs-education, Grant programs-social programs, Manpower
training programs, Reporting and recordkeeping requirements, Vocational
rehabilitation.
34 CFR Part 373
Grant programs-education, Vocational rehabilitation.
34 CFR Part 385
Grant programs-social programs, Reporting and recordkeeping
requirements, Vocational rehabilitation.
34 CFR Part 668
Administrative practice and procedure, Colleges and universities,
Consumer protection, Grant programs-education, Loan programs-education,
Reporting and recordkeeping requirements, Selective Service System,
Student aid, Vocational education.
34 CFR Part 674
Loan programs-education, Reporting and recordkeeping, Student aid.
Dated: July 3, 2017.
Betsy DeVos,
Secretary of Education.
For the reasons discussed in the preamble, the Secretary amends
parts 104, 105, 222, 300, 361, 373, 385, 668, and 674 of title 34 of
the Code of Federal Regulations as follows:
PART 104--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
0
1. The authority citation for part 104 is revised to read as follows:
Authority: 20 U.S.C. 1405; 29 U.S.C. 794; Pub. L. 111-256, 124
Stat. 2643.
Sec. 104.3 [Amended]
0
2. Section 104.3(j)(2)(i)(B) is amended by removing the words ``mental
retardation'' and adding, in their place, the words ``intellectual
disability''.
Appendix A to Part 104 [Amended]
0
3. Appendix A to part 104 is amended by:
0
A. In subpart A, in the fourth sentence of the second paragraph of
section 3 (Handicapped person), removing the words ``mental
retardation'' and adding, in their place, the words ``intellectual
disability''.
0
B. In subpart A, in the third sentence of the eighth paragraph of
section 3 (Handicapped person), removing the words ``mentally
retarded'' and adding, in their place, the words ``having an
intellectual disability''.
0
C. In subpart D, in the fifth sentence of the fifth paragraph of
section 24 (Educational setting), removing the words ``severely
retarded persons'' and adding, in their place, the words ``persons with
severe intellectual disabilities''.
0
D. In subpart D, in the second sentence of the second paragraph of
section 28 (Private education), removing the words ``mentally retarded
persons'' and adding, in their place, the words ``persons with
intellectual disabilities''.
PART 105--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP
IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF EDUCATION
0
4. The authority citation for part 105 is revised to read as follows:
Authority: 29 U.S.C. 794; Pub. L. 111-256, 124 Stat. 2643;
unless otherwise noted.
Sec. 105.3 [Amended]
0
5. Section 105.3 is amended by, in paragraph (1)(ii) of the definition
of ``Individual with handicaps'' and in the paragraph that immediately
follows paragraph (1)(ii), removing the words ``mental retardation''
wherever they appear and adding, in their place, the words
``intellectual disability''.
PART 222--IMPACT AID PROGRAMS
0
6. The authority citation for part 222 is revised to read as follows:
Authority: 20 U.S.C. 7701-7714; Pub. L. 111-256, 124 Stat.
2643; unless otherwise noted.
Sec. 222.50 [Amended]
0
7. Section 222.50 is amended by removing the authority citation that
follows the section.
PART 300--ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH
DISABILITIES
0
8. The authority citation for part 300 is revised to read as follows:
Authority: 20 U.S.C. 1221e-3, 1406, 1411-1419, and 3474; Pub.
L. 111-256, 124 Stat. 2643; unless otherwise noted.
0
9. Section 300.8 is amended by:
0
A. In paragraph (a)(1), removing the words ``mental retardation'' and
adding, in their place, the words ``an intellectual disability''.
0
B. Revising paragraph (c)(6).
0
C. In paragraph (c)(7), removing the words ``mental retardation'' in
both places they appear and adding, in their place, the words
``intellectual disability''.
0
D. In paragraph (c)(10)(ii), removing the words ``mental retardation''
and adding, in their place, the words ``intellectual disability''.
0
E. Removing the authority citation that follows the section.
The revisions read as follows:
Sec. 300.8 Child with a disability.
* * * * *
(c) * * *
(6) Intellectual disability means significantly subaverage general
intellectual functioning, existing concurrently with deficits in
adaptive behavior and manifested during the developmental period, that
adversely affects a child's educational performance. The term
``intellectual disability'' was formerly termed ``mental retardation.''
* * * * *
Sec. 300.309 [Amended]
0
10. Section 300.309 is amended by:
0
A. In paragraph (a)(3)(ii), removing the words ``Mental retardation''
and
[[Page 31913]]
adding, in their place, the words ``An intellectual disability''.
0
B. Removing the authority citation that follows the section.
Sec. 300.311 [Amended]
0
11. Section 300.311 is amended by:
0
A. In paragraph (a)(6), removing the punctuation and words ``or motor
disability; mental retardation'' and adding, in their place, the
punctuation and words ``motor disability, or an intellectual
disability;''.
0
B. Removing the authority citation that follows the section.
0
12. Appendix F to Part 300 is amended by:
0
A. Under the row labeled ``DEFINITIONS (I)'', adding, in alphabetical
order, the entry ``Intellectual Disability 300.8(c)(6)''.
0
B. Under the row labeled ``DEFINITIONS (J-O)'', removing the entry
``Mental retardation 300.8(c)(6)''.
0
C. Adding a row to the index, in alphabetical order, labeled
``INTELLECTUAL DISABILITY (Definition) Sec. 300.8(c)(6)''.
0
D. Removing the row in the index labeled ``MENTAL RETARDATION
(Definition) 300.8(c)(6)''.
The additions read as follows:
Appendix F to Part 300--Index for IDEA--part B Regulations
[34 CFR Part 300]
------------------------------------------------------------------------
------------------------------------------------------------------------
* * * * * * *
DEFINITIONS (I) .........................
Intellectual Disability............. 300.8(c)(6).
* * * * * * *
INTELLECTUAL DISABILITY (Definition)......... 300.8(c)(6).
* * * * * * *
------------------------------------------------------------------------
PART 361--STATE VOCATIONAL REHABILITATION SERVICES PROGRAM
0
13. The authority citation for part 361 is revised to read as follows:
Authority: Section 12(c) of the Rehabilitation Act of 1973, as
amended; 29 U.S.C. 709(c); Pub. L. 111-256, 124 Stat. 2643; unless
otherwise noted.
Sec. 361.5 [Amended]
0
14. Section 361.5 is amended by:
0
A. Removing the authority citation that follows paragraph (c)(30).
0
B. Removing the authority citation that follows paragraph (c)(40).
PART 373--REHABILITATION NATIONAL ACTIVITIES PROGRAMS
0
15. The authority citation for part 373 is revised to read as follows:
Authority: Section 303(b) of the Rehabilitation Act of 1973, as
amended; 29 U.S.C. 773(b); Pub. L. 111-256, 124 Stat. 2643; unless
otherwise noted.
Sec. 373.4 [Amended]
0
16. Section 373.4 is amended by removing the authority citation that
follows the definition of ``Individual with a significant disability''.
PART 385--REHABILITATION TRAINING
0
17. The authority citation for part 385 is revised to read as follows:
Authority: Sections 12(c), 301, and 302 of the Rehabilitation
Act of 1973, as amended; 29 U.S.C. 709(c), 771, and 772; Pub. L.
111-256, 124 Stat. 2643; unless otherwise noted.
Sec. 385.4 [Amended]
0
18. Section 385.4 is amended by removing the authority citation that
follows the section.
PART 668--STUDENT ASSISTANCE GENERAL PROVISIONS
0
19. The authority citation for part 668 is revised to read as follows:
Authority: 20 U.S.C. 1001-1003, 1070a, 1070g, 1085, 1087b,
1087d, 1087e, 1088, 1091, 1092, 1094, 1099c, and 1099c-1, 1221e-3,
and 3474; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.
Sec. 668.231 [Amended]
0
20. Section 668.231 is amended by:
0
A. In paragraph (b)(1) introductory text, removing the words ``mental
retardation or''.
0
B. Removing the authority citation that follows the section.
PART 674--FEDERAL PERKINS LOAN PROGRAM
0
21. The authority citation for part 674 is revised to read as follows:
Authority: 20 U.S.C. 1070g, 1087aa-1087hh; Pub. L. 111-256, 124
Stat. 2643; unless otherwise noted.
Sec. 674.51 [Amended]
0
22. Section 674.51 is amended by:
0
A. In paragraph (l)(1), removing the words ``Mentally retarded'' and
adding, in their place, the words ``Individuals with intellectual
disabilities''.
0
B. Removing the authority citation that follows the section.
[FR Doc. 2017-14343 Filed 7-10-17; 8:45 am]
BILLING CODE 4000-01-P
