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ua14no94 DEPARTMENT OF ENERGY (DOE)...
<DOC> DEPARTMENT OF EDUCATION (ED) 1994 Regulatory Plan The Department of Education is a new (1980) and relatively small agency with a vast and critical mission: to ensure equal access to education and to promote educational excellence throughout the Nation. For fiscal year 1995, the Department's regulatory plan focuses on the following priorities: <bullet> Initiating a major restructuring of the complex Federal student loan program to achieve Presidential goals of increasing access to higher education while saving Federal education dollars; <bullet> Fulfilling the President's commitment to reinvent the Federal role in education and to provide support and leadership to the national effort to overhaul the Nation's elementary and secondary education system; <bullet> Implementing the President's initiative to establish a national framework within which States can create Statewide School-to-Work opportunities systems that provide American youth with the knowledge and skills to make an effective transition from school to further education and a first job in a high-skill, high-wage career; <bullet> Promoting systemic reform in the Nation's elementary and secondary schools through implementation of the reauthorization of the Elementary and Secondary Education Act; and <bullet> Expanding the consumer information available to students and student athletes to support informed educational choices. In carrying out these priorities the Department will strive to meet the Secretary's goals for providing more timely and efficient service to the Department's customers and for achieving more effective management of the Department and its programs. The Department is particularly committed to exploring alternatives to regulation, and to regulating only when necessary to achieve essential objectives. Existing regulations will be reviewed with a fresh perspective to determine whether they are necessary and clear and to eliminate burdensome requirements. The Department will continue to consult with the public, using regulatory negotiation and other innovative techniques to maximize public participation. Most recently, regulatory negotiation has been used successfully by the Department in developing regulations for the Federal Direct Student Loan Program and in achieving consensus on the guarantee agency reserves provisions of the Federal Family Education Loan Program regulations. The Office of Special Education and Rehabilitative Services has shared draft regulations through an electronic bulletin board. Also, before drafting regulations to implement reauthorizing legislation, the Department's Office of Bilingual Education and Minority Languages Affairs and Office of Educational Research and Improvement began outreach activities in the educational community to identify regulatory issues. The Department also coordinates with other appropriate agencies throughout the regulations development process. Examples in the coming year include coordinating programs under the School-to-Work Opportunities Act with the Department of Labor and coordinating regulatory actions supporting empowerment zones and enterprise communities with the Departments of Agriculture and Housing and Urban Development. The Secretary expects similar successful techniques to be used more extensively in the future. In accordance with Executive Order 12866, the Department is improving assessment of the costs and benefits of its regulations, recognizing that many Department regulations involve nonquantifiable costs and benefits. For example, in developing regulatory amendments for the State Vocational and Applied Technology Education Program (not included in this Regulatory Plan), the Department contacted State and local officials to ascertain the costs and benefits that would result if the proposed changes were adopted. The Department also arranged meetings with representatives from State and local governments and groups representing special populations to seek additional information on costs and benefits. Throughout the regulatory process, the Department proposes to be a laboratory for innovation and expects to be judged on how well it fulfills these objectives. Statement of Regulatory Priorities The U.S. Department of Education will have five major regulatory priorities in 1994: Federal Direct Student Loan Program The Federal Direct Student Loan Program is a high regulatory priority for the Department of Education because it is an important new Administration program, represents a significant investment of Federal funds affecting many American families, and involves complex regulatory processes including regulatory negotiation. The Student Loan Reform Act of 1993 established the Federal Direct Student Loan Program under the Higher Education Act of 1965, as amended. Under the Federal Direct Student Loan Program, loan capital is provided directly to student and parent borrowers by the Federal Government rather than through private lenders. Direct loans will account for 5 percent of the total new Federal student loan volume for academic year 1994-95, estimated to be more than $1 billion. Direct loans will increase to at least 60 percent of new student loans by academic year 1998-99. Direct lending will save taxpayers an estimated $4.3 billion through fiscal year 1998 (and $1 billion each year thereafter) by eliminating private-sector excess profits in the current student financial aid system and capitalizing on the Federal Government's ability to borrow at a lower interest rate. A streamlined system offering ``one-stop shopping'' will make borrowing and repayment easier for students. Students also will have an income-contingent repayment option that tailors their monthly payments to their income. As permitted by the statute, the Department has already published some interim standards and procedures to administer the program during the first year (1994-1995). School selection criteria and loan origination criteria for the second year (1995- 1996) have also been published. Other standards, criteria, procedures, and regulations to implement the program in the second and subsequent years are being developed through regulatory negotiation. Goals 2000: Educate America Act The Goals 2000: Educate America Act (Goals 2000), Pub. L. 103-227, enacted March 31, 1994, is the leading edge of this Administration's strategy to reinvent the Federal role in education and to provide support and leadership to the national effort to overhaul the elementary and secondary education system. Goals 2000 (1) codifies and expands the National Education Goals; (2) establishes the National Education Goals Panel and the National Education Standards and Improvement Council; (3) challenges States to develop content and student performance standards, opportunity-to-learn standards, and State assessments, and provides for development of national standards; (4) provides funding to support, accelerate, and sustain State and local improvement efforts in the system of education; (5) provides Federal leadership on the use of technology for educational programs; (6) provides authority to waive statutory and regulatory requirements that impede the ability of a State, local educational agency, or school to carry out State or local improvement plans; and (7) establishes the National Skill Standards Board to be a catalyst in stimulating the development and adoption of a voluntary national system of skill standards, assessment, and certification. The Department of Labor will administer the provisions relating to the National Skill Standards Board; the Department of Education will administer the remaining provisions. It is likely that regulations will be necessary to implement certain aspects of Goals 2000. However, Goals 2000 provides an ideal laboratory for employing alternatives to regulation whenever possible, in keeping with (1) the intent of the legislation to foster flexibility and innovation at the State and local level, (2) the spirit of Executive Order 12866 instructing agencies to promulgate regulations only where necessary, and (3) this Department's approach to regulation. School-to-Work Opportunities Act The School-to-Work Opportunities Act of 1993, Pub. L. 103-239, enacted May 4, 1994, establishes a School-to-Work Opportunities Initiative, to be jointly administered by the Departments of Education and Labor. This initiative establishes a national framework within which States can create Statewide School-to-Work Opportunities systems that provide American youth with the knowledge and skills to make an effective transition from school to further education and a first job in a high- skill, high-wage career. Under the initiative, the Federal Government provides ``venture capital'' to States and communities to stimulate the creation of Statewide School-to-Work Opportunities systems. These systems will build bridges from school to work that provide students with an integrated array of learning and employment experiences. Under the Act, School-to-Work Opportunities systems must include three core components: (1) work-based learning; (2) school-based learning; and (3) connecting activities. The work-based learning component provides students with a planned program of job training and experiences in a broad range of tasks in an occupational area as well as paid work experience and workplace mentoring. The school-based learning component includes a coherent multiyear sequence of instruction--typically beginning in the eleventh grade and ending after at least one year of postsecondary education--tied to the high academic and skill standards to be developed under the Goals 2000: Educate America Act. Finally, the connecting activities component ensures coordination of the work- and school-based learning components by providing technical assistance in designing work-based learning components, matching students with employers' work-based learning opportunities, and collecting information on what happens to students after they complete their program of studies. Since this initiative will be administered jointly with the Department of Labor, we are working closely with the Department of Labor to determine what regulations will be necessary for implementation. It is urgent that we move forward quickly on this initiative. As States and localities begin constructing School-to-Work Opportunities systems, our international competitors already have those systems and are moving to strengthen them. In order to ensure rapid and efficient implementation of the Act, we are also exploring possible alternatives to regulation. Elementary and Secondary Education Act Reauthorization (Part A of Title I of the Elementary and Secondary Education Act 1965) The Elementary and Secondary Education Act (ESEA) reauthorization would (1) reauthorize and restructure the elementary and secondary education programs of the Department of Education to make them better vehicles for helping all children achieve high standards; (2) direct greater Federal resources to the poorest schools and communities; (3) support education reforms underway in the States; (4) support sustained, intensive professional development in the core academic subjects for educators; (5) assist efforts to make schools safe and drug-free; and (6) provide increased State and local administrative flexibility, in return for greater accountability for successful education results. The ESEA is one of the Federal Government's largest investments in education. Assuming passage of this critical legislation, regulations may be necessary to implement many of the changes to the ESEA. In particular, regulations are likely to be necessary to implement changes to the Chapter 1 Program in Local Educational Agencies. Student Right-to-Know Act The regulations implementing the Student Right-to-Know Act would require institutions of higher education participating in any program authorized by Title IV of the Higher Education Act of 1965, as amended, to collect and disclose graduation and transfer rates to both current and prospective students. Institutions would also be required to report these rates to the Secretary. These proposed regulations will (1) assist students and their families to make more informed decisions about which institution a student should attend; (2) allow institutions to better evaluate the effectiveness of their programs; and (3) establish a uniform methodology for the collection of graduation and transfer rates. _______________________________________________________________________ ED--Office of Elementary and Secondary Education (OESE) ___________________________________________________________ PROPOSED RULE STAGE ___________________________________________________________ 24. <bullet> GOALS 2000: EDUCATE AMERICA ACT Legal Authority: PL 103-227 CFR Citation: Not yet determined Legal Deadline: None Abstract: The Goals 2000: Educate America Act codifies and provides a framework for monitoring the attainment of the National Education Goals (through the National Education Goals Panel and the National Education Standards and Improvement Council); supports State systemic education reform; establishes the National Skill Standards Board; helps ensure safe schools; and reauthorizes the Department of Education's Office of Educational Research and Improvement. Statement of Need: No final determination has been made as to specific regulations that will be necessary to implement the new legislation, and which of these regulations will be the most significant. However, a preliminary analysis indicates that the regulations needed to implement Title II (National Education Reform Leadership, Standards, and Assessments) and Title III (State and Local Education Systemic Improvement) may warrant inclusion in the Department's 1994 Regulatory Plan. Title II of Goals 2000 authorizes grant programs to develop voluntary national opportunity-to-learn standards and to defray the cost of developing, testing, and evaluating State assessments for measuring student achievement against their content and student performance standards. Title II also authorizes a grant program to assist States in planning effectively for the use of technology in schools. Title III creates a program of grants to States to support, sustain, and accelerate State and local efforts to reform education so that all students can meet challenging State standards. The President has requested nearly $700 million for the Title III program for fiscal year 1995. This important new program will create a partnership between the Federal Government and State and local governments dedicated to promoting and sustaining the reforms that are needed in our Nations's schools. Alternatives: The Secretary believes that Goals 2000 offers an excellent opportunity for employing alternatives to regulation whenever possible, reflecting the intent of the legislation to foster flexibility and innovation at the State and local level. With respect to Title III, Goals 2000 authorizes the Secretary to waive certain Federal requirements that could hinder States and school districts from carrying out their school improvement plans. Anticipated Costs and Benefits: The regulations are expected to impose minimal requirements necessary to ensure the proper expenditure of Federal funds. A more exact estimate of the anticipated costs and benefits will be made as soon as the scope of the regulations has been determined. Risks: These regulations would not address a risk to public health, safety, or the environment.
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