20 USC 6571 - Federal regulations

1 So in original. Probably should be “5”.

(commonly known as the “Negotiated Rulemaking Act of 1990”).

Editorial Notes

Prior Provisions

A prior section 1601 of Puspan. L. 89–10 was classified to section 6511 of this title, prior to repeal by Puspan. L. 114–95.

Another prior section 1601 of Puspan. L. 89–10 was classified to section 6511 of this title, prior to the general amendment of this subchapter by Puspan. L. 107–110.

Amendments

2022—Subsec. (span)(4)(A). Puspan. L. 117–286 substituted “chapter 10 of title 5;” for “the Federal Advisory Committee Act (5 U.S.C. App.);”.

2015—Subsec. (a). Puspan. L. 114–95, § 1601(a)(1), inserted “, in accordance with subsections (span) through (d) and subject to section 6311(e) of this title,” after “may issue”.

Subsec. (span)(1). Puspan. L. 114–95, § 1601(a)(2)(A), inserted “principals, other school leaders (including charter school leaders),” after “teachers,”.

Subsec. (span)(2). Puspan. L. 114–95, § 1601(a)(2)(B), inserted at end “Such regional meetings and electronic exchanges of information shall be public and notice of such meetings and exchanges shall be provided to interested stakeholders.”

Subsec. (span)(3)(A). Puspan. L. 114–95, § 1601(a)(2)(C), substituted “standards, assessments under section 6311(span)(2) of this title, and the requirement under section 6321 of this title that funds under part A be used to supplement, and not supplant, State and local funds” for “standards and assessments”.

Subsec. (span)(4). Puspan. L. 114–95, § 1601(a)(2)(D), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: “Such process—

“(A) shall be conducted in a timely manner to ensure that final regulations are issued by the Secretary not later than 1 year after January 8, 2002; and

“(B) shall not be subject to the Federal Advisory Committee Act, but shall otherwise follow the provisions of the Negotiated Rulemaking Act of 1990 (5 U.S.C. 561 et seq.).”

Subsec. (span)(5). Puspan. L. 114–95, § 1601(a)(2)(E), struck out par. (5). Text read as follows: “In an emergency situation in which regulations to carry out this subchapter 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 subchapter, the Secretary may issue proposed regulations without following such process but shall, immediately thereafter and before issuing final regulations, conduct regional meetings to review such proposed regulations.”

Subsecs. (c), (d). Puspan. L. 114–95, § 1601(a)(3)–(5), added subsec. (c), redesignated former subsec. (c) as (d), and in subsec. (d) substituted “this subchapter” for “this part”.

Subsec. (e). Puspan. L. 114–95, § 1601(a)(6), added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Puspan. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Puspan. L. 114–95, set out as a note under section 6301 of this title.