Department of Education May 2008 – Federal Register Recent Federal Regulation Documents

National Institute on Disability and Rehabilitation Research-Disability and Rehabilitation Research Projects and Centers Program-Disability Rehabilitation Research Projects (DRRPs)
Document Number: E8-12121
Type: Notice
Date: 2008-05-30
Agency: Department of Education
The Assistant Secretary for Special Education and Rehabilitative Services proposes two funding priorities for the Disability and Rehabilitation Research Projects and Centers Program administered by the National Institute on Disability and Rehabilitation Research (NIDRR). Specifically, this notice proposes a priority for a DRRP for a Research and Technical Assistance Center on Vocational Rehabilitation Program Management, and a priority for a DRRP entitled Center on the Effective Delivery of Rehabilitation Technology by State Vocational Rehabilitation Agencies To Improve Employment Outcomes. The Assistant Secretary may use these priorities for competitions in fiscal year (FY) 2008 and later years. We take this action to focus research attention on areas of national need. We intend these priorities to improve rehabilitation services and employment outcomes for individuals with disabilities.
Submission for OMB Review; Comment Request
Document Number: E8-12097
Type: Notice
Date: 2008-05-30
Agency: Department of Education
The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.
Submission for OMB Review; Comment Request
Document Number: E8-11956
Type: Notice
Date: 2008-05-29
Agency: Department of Education
The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.
Federal Pell Grant, Academic Competitiveness Grant, National Science and Mathematics Access To Retain Talent Grant, Federal Perkins Loan, Federal Work-Study, Federal Supplemental Educational Opportunity Grant, Federal Family Education Loan, and William D. Ford Federal Direct Loan Programs
Document Number: E8-11953
Type: Notice
Date: 2008-05-29
Agency: Department of Education
The Secretary announces the annual updates to the tables that will be used in the statutory ``Federal Need Analysis Methodology'' to determine a student's expected family contribution (EFC) for award year 2009-2010 for the student financial aid programs authorized under Title IV of the Higher Education Act of 1965, as amended (HEA). An EFC is the amount a student and his or her family may reasonably be expected to contribute toward the student's postsecondary educational costs for purposes of determining financial aid eligibility. The Title IV programs include the Federal Pell Grant, Academic Competitiveness Grant, National Science and Mathematics Access to Retain Talent Grant, Federal Perkins Loan, Federal Work-Study, Federal Supplemental Educational Opportunity Grant, Federal Family Education Loan, and William D. Ford Federal Direct Loan Programs (Title IV, HEA Programs).
Notice of Proposed Information Collection Requests
Document Number: E8-11870
Type: Notice
Date: 2008-05-28
Agency: Department of Education
The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.
Compliance Agreement
Document Number: E8-11852
Type: Notice
Date: 2008-05-28
Agency: Department of Education, Part III
This notice is being published in the Federal Register consistent with section 457(b)(2) of the General Education Provisions Act (GEPA). Section 457 of GEPA authorizes the U.S. Department of Education (the Department) to enter into a compliance agreement with a recipient that is failing to comply substantially with Federal program requirements, and for whom the Department determines that full compliance is not feasible until a future date. Section 457(b)(2) requires the Department to publish written findings leading to a compliance agreement, with a copy of the compliance agreement, in the Federal Register. If a recipient fails to comply with the terms and conditions of a compliance agreement, the Secretary may take any action authorized by law with respect to the recipient. On December 17, 2007, the Department entered into a three-year compliance agreement (the Agreement) with the Commonwealth of Puerto Rico (Puerto Rico) and the Puerto Rico Department of Education (PRDE) because PRDE was failing to comply substantially with numerous Federal education program requirements, and it was clear to the Department from all available information that PRDE would not be able to come into full compliance with applicable Federal requirements for the administration of Department programs until a future date. PRDE receives grant funds under a number of programs administered by the Department, including programs authorized under Titles I, II, and IV of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001 (ESEA), Title IV of the Higher Education Act of 1965, as amended (HEA), and the Individuals with Disabilities Education Act (IDEA). As a result of program monitoring and audits, the Department has identified numerous program areas requiring corrective action by PRDE. Specifically, the Agreement applies to grant funds awarded to Puerto Rico and PRDE by the Department under Titles I, II, and IV of ESEA, Title IV of HEA, and IDEA. The purpose of the Agreement is to improve education for the students of Puerto Rico by bringing Puerto Rico and PRDE into full compliance with the Department's program requirements.
National Advisory Committee on Institutional Quality and Integrity (NACIQI): Notice of Meeting Changes
Document Number: E8-11778
Type: Notice
Date: 2008-05-27
Agency: Department of Education
This notice advises interested parties of changes concerning the June 9-10, 2008 meeting of the National Advisory Committee on Institutional Quality and Integrity (NACIQI) and amends information provided in the original meeting notice published in the March 3, 2008 Federal Register (73 FR 11404).
Notice of Proposed Information Collection Requests
Document Number: E8-11717
Type: Notice
Date: 2008-05-27
Agency: Department of Education
The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.
Notice of Proposed Information Collection Requests
Document Number: Z8-11129
Type: Notice
Date: 2008-05-23
Agency: Securities and Exchange Commission, Agencies and Commissions, Department of Education
Notice of Proposed Information Collection Requests
Document Number: E8-11460
Type: Notice
Date: 2008-05-22
Agency: Department of Education
The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.
Notice of Proposed Information Collection Requests
Document Number: E8-11351
Type: Notice
Date: 2008-05-21
Agency: Department of Education
The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.
Notice of Proposed Information Collection Requests
Document Number: E8-11350
Type: Notice
Date: 2008-05-21
Agency: Department of Education
The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.
Notice of Proposed Information Collection Requests
Document Number: E8-11348
Type: Notice
Date: 2008-05-21
Agency: Department of Education
The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.
Disability and Rehabilitation Research Program
Document Number: E8-11269
Type: Notice
Date: 2008-05-20
Agency: Department of Education
The Secretary intends to use the grant slate developed for the TBIMS grant competition in fiscal year (FY) 2007 to make new grant awards for TBIMS centers in FY 2008. The Secretary takes this action because Congress requested that the Secretary fund two additional TBIMS centers in FY 2008.
Notice of Proposed Information Collection Requests
Document Number: E8-11129
Type: Notice
Date: 2008-05-19
Agency: Department of Education
The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.
Submission for OMB Review; Comment Request
Document Number: E8-11128
Type: Notice
Date: 2008-05-19
Agency: Department of Education
The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.
Submission for OMB Review; Comment Request
Document Number: E8-11127
Type: Notice
Date: 2008-05-19
Agency: Department of Education
The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.
Notice of Proposed Information Collection Requests
Document Number: E8-10927
Type: Notice
Date: 2008-05-15
Agency: Department of Education
The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.
Submission for OMB Review; Comment Request
Document Number: E8-10926
Type: Notice
Date: 2008-05-15
Agency: Department of Education
The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.
Notice of Proposed Information Collection Requests
Document Number: E8-10925
Type: Notice
Date: 2008-05-15
Agency: Department of Education
The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.
Demands for Testimony or Records in Legal Proceedings
Document Number: E8-10775
Type: Rule
Date: 2008-05-14
Agency: Department of Education
The Secretary amends the regulations regarding the production of information pursuant to demands in judicial or administrative proceedings. The changes are intended to promote consistency in the Department's assertion of privileges and objections, and thereby prevent harm that may result from inappropriate disclosure of confidential information or inappropriate allocation of agency resources. These changes apply only where employees are subpoenaed in litigation to which the agency is not a party. Former Department employees are expressly required to seek the Secretary's approval prior to responding to subpoenas that seek non-public materials and information acquired during their employment at the Department.
National Advisory Council on Indian Education (NACIE); Notice of an Open Teleconference Meeting
Document Number: E8-10763
Type: Notice
Date: 2008-05-14
Agency: Department of Education
This notice sets forth the schedule and proposed agenda of an upcoming teleconference meeting of the National Advisory Council on Indian Education (the Council) and is intended to notify the general public of the meeting. This notice also describes the functions of the Council. Notice of the Council's meetings is required under Section 10(a)(2) of the Federal Advisory Committee Act and by the Council's charter. Agenda: The purpose of the meeting will be for the Council to review and discuss the draft annual NACIE report and make recommendations for finalization and submission. Date and Time: May 28, 2008; 1 p.m. to 3 p.m. Eastern Standard Time. Location: The Department of Education will provide a 1-800-call in number for all NACIE members. Public Comment: Time is scheduled on the agenda to receive public comment at approximately 2:45 p.m. Eastern Standard Time. The public may attend and listen to the proceedings at 400 Maryland Avenue, SW., Room 1W105, Washington, DC 20202.
Notice of Proposed Information Collection Requests
Document Number: E8-10756
Type: Notice
Date: 2008-05-14
Agency: Department of Education
The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.
Notice of Proposed Information Collection Requests
Document Number: E8-10632
Type: Notice
Date: 2008-05-13
Agency: Department of Education
The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.
Assistance to States for the Education of Children With Disabilities and Preschool Grants for Children With Disabilities
Document Number: E8-10522
Type: Proposed Rule
Date: 2008-05-13
Agency: Department of Education
The Secretary proposes to amend the regulations in 34 CFR part 300 governing the Assistance to States for the Education of Children with Disabilities Program and Preschool Grants for Children with Disabilities Program, as published in the Federal Register on August 14, 2006, and seeks public comment on the proposed amendments that we have determined are necessary for effective implementation and administration of these programs. The proposed regulations were not included in the notice of proposed rulemaking published in the Federal Register on June 21, 2005 to implement changes made to the Individuals with Disabilities Education Act (IDEA or Act), as amended by the Individuals with Disabilities Education Improvement Act of 2004, and, thus, have not previously been available for public comment.
Notice of Proposed Waivers for the Rehabilitation Training-Rehabilitation Continuing Education Program (RCEP)
Document Number: E8-10518
Type: Notice
Date: 2008-05-12
Agency: Department of Education
The Secretary proposes to waive the requirements in 34 CFR 75.250 and 75.261(a) and (c)(2) of the Education Department General Administrative Regulations (EDGAR), respectively, that generally prohibit project periods exceeding five years and project period extensions involving the obligation of additional Federal funds. These waivers would enable seven current RCEP grantees to provide continuing education to employees of vocational rehabilitation (VR) agencies and their partners and to continue to receive some additional Federal funding from July 1, 2008 until September 30, 2008.
Submission for OMB Review; Comment Request
Document Number: E8-10496
Type: Notice
Date: 2008-05-12
Agency: Department of Education
The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.
Submission for OMB Review; Comment Request
Document Number: E8-10495
Type: Notice
Date: 2008-05-12
Agency: Department of Education
The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.
Submission for OMB Review; Comment Request
Document Number: E8-10494
Type: Notice
Date: 2008-05-12
Agency: Department of Education
The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.
Submission for OMB Review; Comment Request
Document Number: E8-10493
Type: Notice
Date: 2008-05-12
Agency: Department of Education
The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.
Submission for OMB Review; Comment Request
Document Number: E8-10492
Type: Notice
Date: 2008-05-12
Agency: Department of Education
The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.
Submission for OMB Review; Comment Request
Document Number: E8-10447
Type: Notice
Date: 2008-05-09
Agency: Department of Education
The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.
Privacy Act of 1974; Computer Matching Program
Document Number: E8-10433
Type: Notice
Date: 2008-05-09
Agency: Department of Education
Section 421(a)(1) of the Controlled Substances Act (21 U.S.C. 862(a)(1)) includes provisions regarding the judicial denial of Federal benefits. Section 421 of the Controlled Substances Act, which was originally enacted as section 5301, of the Anti-Drug Abuse Act of 1988, was amended and redesignated as section 421 of the Controlled Substances Act by section 1002(d) of the Crime Control Act of 1990, Public Law 101-647 (hereinafter referred to as ``section 5301'') authorizes Federal and State judges to deny certain Federal benefits (including student financial assistance under Title IV of the Higher Education Act of 1965, as amended (HEA)) to individuals convicted of drug trafficking or possession. In order to ensure that Title IV, HEA student financial assistance is not awarded to individuals subject to denial of benefits under court orders issued pursuant to section 5301, the Department of Justice and the Department of Education implemented a computer matching program. The 18-month computer matching agreement (CMA) was recertified for an additional 12 months on June 18, 2007. The 12-month recertification of the CMA will automatically expire on June 18, 2008. The Department of Education must continue to obtain from the Department of Justice identifying information regarding individuals who are the subject of section 5301 denial of benefits court orders. The purpose of this notice is to announce the continued operation of the computer matching program and to provide certain required information concerning the computer matching program. In accordance with the Privacy Act of 1974 (5 U.S.C. 552a), as amended by the Computer Matching and Privacy Protection Act of 1988 (Pub. L. 100-503) and Office of Management and Budget (OMB) Guidelines on the Conduct of Matching Programs (54 FR 25818, June 19, 1989), and OMB Circular A-130, the following information is provided: 1. Names of Participating Agencies. The Department of Education (ED)(recipient agency) and the Department of Justice (DOJ)(source agency). 2. Purpose of the Match. The purpose of this matching program is to ensure that the requirements of section 421 of the Controlled Substances Act (originally enacted as section 5301 of the Anti-Drug Abuse Act of 1988, Pub. L. 100-690, 21 U.S.C. 853a, which was amended and redesignated as section 421 of the Controlled Substances Act by section 1002(d) of the Crime Control Act of 1990, Pub. L. 101-647) (hereinafter referred to as ``section 5301'') are met. DOJ is the lead contact agency for information related to section 5301 violations and, as such, provides this data to ED. ED (recipient agency) seeks access to the information contained in the DOJ (source agency) Denial of Federal Benefits Clearinghouse System (DFB) database that is authorized under section 5301 for the purpose of ensuring that Title IV, HEA student financial assistance is not awarded to individuals subject to denial of benefits under court orders issued pursuant to the Denial of Federal Benefits Program. 3. Authority for Conducting the Matching Program. Under section 5301, ED must deny Federal benefits to any individual upon whom a Federal or State court order has imposed a penalty denying eligibility for those benefits. Student financial assistance under Title IV of the HEA is a Federal benefit under section 5301, and ED must, in order to meet its obligations under the HEA, have access to information about individuals who have been declared ineligible under section 5301. While DOJ provides information about section 5301 individuals who are ineligible for Federal benefits to the General Services Administration (GSA) for inclusion in GSA's List of Parties Excluded from Federal Procurements and Nonprocurement Programs, DOJ and ED have determined that matching against the DOJ database is more efficient and effective than access to the GSA List. The DOJ database has specific information about the Title IV, HEA programs for which individuals are ineligible as well as the expiration of the debarment period, making the DOJ database more complete than the GSA List. Both of these elements are essential for a successful match. 4. Categories of Records and Individuals Covered by the Match. ED will submit, for verification, records from its Central Processing System files (Federal Student Aid Application File (18-11- 01)), the social security number (SSN) and other identifying information for each applicant for Title IV, HEA student financial assistance. ED will use the SSN, date of birth, and the first two letters of an applicant's last name for the match. The DOJ DFB (OJP-0013) contains the names, SSNs, dates of birth, and other identifying information regarding individuals convicted of Federal or State offenses involving drug trafficking or possession of a controlled substance who have been denied Federal benefits by Federal or State courts. This system of records also contains information concerning the specific program or programs for which benefits have been denied, as well as the duration of the period of ineligibility. DOJ will make available for the matching program the records of only those individuals who have been denied Federal benefits under one or more of the Title IV, HEA programs. 5. Effective Dates of the Matching Program. The matching program will be effective on the last of the following dates: (1) June 19, 2008, the day after the expiration of the current CMA; (2) thirty (30) days after notice of the matching program has been published in the Federal Register; or (3) forty (40) days after a report concerning the matching program has been transmitted to OMB and transmitted to the Congress along with a copy of this agreement, unless OMB waives 10 days of this 40-day period for compelling reasons shown, in which case, 30 days after transmission of the report to OMB and Congress. The matching program will continue for 18 months after the effective date of the CMA and may be extended for an additional 12 months thereafter, if the conditions specified in 5 U.S.C.552a(o)(2)(D) have been met. 6. Address for Receipt of Public Comments or Inquiries. Marya Dennis, Management and Program Analyst, U.S. Department of Education, Federal Student Aid, Union Center Plaza, 830 First Street, NE., Washington, DC 20202-5454. Telephone: (202) 377-3385. If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service (FRS) at 1-800-877-8339. Individuals with disabilities may obtain this document in an alternative format (e.g., Braille, large print, audiotape or computer diskette) on request to the contact person listed in the preceding paragraph. Electronic Access to This Document You may view this document, as well as all other Department of Education documents published in the Federal Register in text or Adobe Portable Document Format (PDF) on the Internet at the following site: http://www.ed.gov/news/fedregister. To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free at 1-888-293-6498, or in the Washington, DC, area at (202) 512-1530.
Privacy Act Regulations
Document Number: E8-10110
Type: Proposed Rule
Date: 2008-05-08
Agency: Department of Education
The Department of Education (Department) proposes to amend its regulations implementing the Privacy Act of 1974, as amended (Privacy Act). These proposed regulations would amend the Department's current Privacy Act regulations to exempt from certain Privacy Act requirements investigative material in a new system of records to be maintained by the Department that will be known as the Office of Inspector General Data Analytics System (ODAS) (18-10-02). Specifically, the exemption would apply to materials compiled by the Department's Office of Inspector General (OIG) for law enforcement purposes to identify internal control weaknesses and system issues and to improve methods of data modeling and annual audit planning in order to detect and investigate fraud, waste, and mismanagement in Department programs and operations.
Notice of Proposed Information Collection Requests
Document Number: E8-10087
Type: Notice
Date: 2008-05-07
Agency: Department of Education
The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.
National Assessment Governing Board; Meeting
Document Number: E8-9946
Type: Notice
Date: 2008-05-06
Agency: Department of Education
The notice sets forth the schedule and proposed agenda of a forthcoming meeting of the National Assessment Governing Board. This notice also describes the functions of the Board. Notice of this meeting is required under Section 10(a)(2) of the Federal Advisory Committee Act. This document is intended to notify members of the general public of their opportunity to attend. Individuals who will need special accommodations in order to attend the meeting (i.e.; interpreting services, assistive listening devices, materials in alternative format) should notify Munira Mwalimu at 202-357-6938 or at Munira.Mwalimu@ed.gov no later than May 5, 2008. We will attempt to meet requests after this date, but cannot guarantee availability of the requested accommodation. The meeting site is accessible to individuals with disabilities.
Submission for OMB Review; Comment Request
Document Number: E8-9923
Type: Notice
Date: 2008-05-06
Agency: Department of Education
The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.
Submission for OMB Review; Comment Request
Document Number: E8-9921
Type: Notice
Date: 2008-05-06
Agency: Department of Education
The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.
Notice of Proposed Information Collection Requests
Document Number: E8-9920
Type: Notice
Date: 2008-05-06
Agency: Department of Education
The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.
Title III of the Elementary and Secondary Education Act of 1965 (ESEA), as Amended by the No Child Left Behind Act of 2001 (NCLB)
Document Number: E8-9708
Type: Notice
Date: 2008-05-02
Agency: Department of Education
The Secretary of Education (Secretary) proposes interpretations of several provisions of Title III of the ESEA regarding the annual administration of English language proficiency (ELP) assessments to limited English proficient (LEP) students served by Title III, the establishment and implementation of annual measurable achievement objectives (AMAOs) for States and subgrantees receiving Title III funds, and State and local implementation of Title III accountability provisions. Comments: The Department is accepting comments on this notice of proposed interpretations in order that the Department may provide additional clarification, detail, or guidance regarding these interpretations before issuing a notice of final interpretations.
Advisory Committee on Student Financial Assistance: Roundtable
Document Number: E8-9651
Type: Notice
Date: 2008-05-02
Agency: Department of Education
This notice sets forth the schedule and proposed agenda of a forthcoming roundtable of the Advisory Committee on Student Financial Assistance (The Advisory Committee). This notice also describes the functions of the Advisory Committee. Notice of this roundtable required under Section 10(a)(2) of the Federal Advisory Committee Act. This document is intended to notify the general public.