82 FR 31910 - Rosa's Law
DEPARTMENT OF EDUCATION Federal Register Volume 82, Issue 131 (July 11, 2017)
Federal Register Volume 82, Issue 131 (July 11, 2017)
| Page Range | 31910-31913 | |
| FR Document | 2017-14343 |
[Federal Register Volume 82, Number 131 (Tuesday, July 11, 2017)] [Rules and Regulations] [Pages 31910-31913] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-14343] ======================================================================= ----------------------------------------------------------------------- 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: [email protected]. 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. 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.thefederalregister.org/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
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Department of Homeland Security Delegation DEPARTMENT OF EDUCATION Education Act of 1965, as amended
No. 0170.1. (HEA), and the Elementary and
■ 2. Add § 165.T08–0505 to read as 34 CFR Parts 104, 105, 222, 300, 361, Secondary Education Act of 1965, as
follows: 373, 385, 668, and 674 amended (ESEA), by removing the
[Docket ID ED–2017–OS–0051] words ‘‘mental retardation’’ and
§ 165.T08–0505 Safety Zone; Red Bull
Flugtag, Allegheny River, Pittsburgh, PA. replacing them with the words
RIN 1801–AA11
(a) Location. The following area is a ‘‘intellectual disability’’ or ‘‘intellectual
safety zone: All navigable waters of the Rosa’s Law disabilities.’’ We are therefore revising
Allegheny River 200 yards from the applicable sections in title 34 of the
AGENCY: Office of the Secretary, Code of Federal Regulations (CFR). The
right descending bank from mile marker
Department of Education. following paragraphs describe the
0.0 to mile marker 0.2
(b) Effective date. This safety zone ACTION: Final regulations. changes we are making to the
will be in effect from 10:30 a.m. through regulations and the specific statutory
SUMMARY: Rosa’s Law changes
4:30 p.m. on August 5, 2017. references to ‘‘mental retardation’’ in changes on which the regulatory
(c) Regulations. (1) In accordance with changes are based.
Federal law to ‘‘intellectual disability’’
the general regulations in § 165.23 of
or ‘‘intellectual disabilities.’’ These final Rehabilitation Act
this part, entry into this zone is
regulations implement this statutory
prohibited unless authorized by the Statute: Rosa’s Law amended the
change in applicable Department of
Captain of the Port Marine Safety Unit
Education regulations. Rehabilitation Act by substituting
Pittsburgh (COTP) or a designated
DATES: These regulations are effective ‘‘intellectual disability’’ for ‘‘mental
representative.
(2) Persons or vessels seeking entry August 10, 2017. retardation’’ in section 7(21)(A)(iii) (29
into this safety zone must request FOR FURTHER INFORMATION CONTACT: U.S.C. 705(21)(A)(iii)); substituting
permission from the COTP or a Levon Schlichter, U.S. Department of ‘‘intellectual disabilities’’ for ‘‘mental
designated representative. The COTP or Education, Office of the General retardation’’ in section 204(b)(2)(C)(vi)
a designated representative may be Counsel, 400 Maryland Avenue SW., (29 U.S.C. 764(b)(2)(C)(vi)); and
contacted at 412–221–0807. Room 6E235, Washington, DC 20202– substituting ‘‘President’s Disability
(3) All persons shall comply with the 2241. Telephone: (202) 453–6387 or by Employment Partnership Board and the
instructions of the COTP or their email: levon.schlichter@ed.gov. President’s Committee for People with
designated representative. COTP or If you use a telecommunications Intellectual Disabilities’’ for ‘‘President’s
designated representative includes a device for the deaf (TDD) or a text Committees on Employment of People
United States Coast Guard telephone (TTY), call the Federal Relay With Disabilities and on Mental
commissioned officer, warrant officer, Service, toll free, at 1–800–877–8339. Retardation’’ in section 501(a) (29 U.S.C.
and petty officer. Individuals with disabilities can 791(a)).
(d) Information broadcasts. The COTP obtain this document in an accessible
or a designated representative will format (e.g., braille, large print, Regulations: We have substituted
inform the public through Broadcast audiotape, or compact disc) on request ‘‘intellectual disability’’ for ‘‘mental
Notices to Mariners of the enforcement to the contact person listed in this retardation’’ and ‘‘having an intellectual
period for the safety zone. section. disability’’ for ‘‘mentally retarded’’ in
Dated: July 5, 2017. the following definitions:
SUPPLEMENTARY INFORMATION: Rosa’s
L. Mcclain, Jr., Law (Pub. L. 111–256) amended
Commander, U.S. Coast Guard, Captain of sections of the Rehabilitation Act of
the Port Pittsburgh. 1973, as amended (Rehabilitation Act),
[FR Doc. 2017–14424 Filed 7–10–17; 8:45 am] the Individuals with Disabilities
BILLING CODE 9110–04–P Education Act (IDEA), the Higher
Term Section within title 34, CFR
‘‘handicapped person’’ .................................................................................................................................................... § 104.3(j)(2)(i).
‘‘individual with a severe disability’’ ................................................................................................................................ § 385.4.
‘‘individual with a significant disability’’ ........................................................................................................................... §§ 361.5 and 373.4.
‘‘individual with handicaps’’ ............................................................................................................................................. § 105.3.
‘‘physical or mental impairment’’ .................................................................................................................................... § 361.5.
We have also substituted ‘‘intellectual 1400(c)(12)(C)) and 602(3)(A)(i) and retardation’’ with the defined term
disability’’ for ‘‘mental retardation’’ in (30)(C) (20 U.S.C. 1401(3)(A)(i) and ‘‘intellectual disability.’’
Appendix A to part 104. (30)(C)). Reasons: We have made these
Reasons: We have made these Regulations: We have revised regulatory revisions to implement the
regulatory revisions to implement the Appendix F to 34 CFR part 300 and the changes made to the IDEA by Rosa’s
changes made to the Rehabilitation Act following sections in title 34 to remove Law.
mstockstill on DSK30JT082PROD with RULES
by Rosa’s Law. references to ‘‘mental retardation’’ and
add, in their place, references to an HEA
IDEA
‘‘intellectual disability’’: §§ 300.8(a)(1),
Statute: Rosa’s Law amended the (c)(6), (c)(7), and (c)(10)(ii); Statute: Rosa’s Law amended section
IDEA by substituting ‘‘intellectual 300.309(a)(3)(ii); and 300.311(a)(6). 760(2)(A) of the HEA (20 U.S.C.
disabilities’’ for ‘‘mental retardation’’ in Additionally, in § 300.8(c)(6), we have 1140(2)(A)) by removing the words
sections 601(c)(12)(C) (20 U.S.C. replaced the defined term ‘‘mental ‘‘mental retardation or.’’
VerDate Sep<11>2014 16:47 Jul 10, 2017 Jkt 241001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\11JYR1.SGM 11JYR1](https://thefederalregister.org/doc/82_FR_32041/page/1.svg)
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You may also access documents of the 34 CFR Part 674 § 105.3 [Amended]
Department published in the Federal Loan programs-education, Reporting ■ 5. Section 105.3 is amended by, in
Register by using the article search and recordkeeping, Student aid. paragraph (1)(ii) of the definition of
feature at: www.federalregister.gov. ‘‘Individual with handicaps’’ and in the
Specifically, through the advanced Dated: July 3, 2017.
paragraph that immediately follows
search feature at this site, you can limit Betsy DeVos,
paragraph (1)(ii), removing the words
your search to documents published by Secretary of Education. ‘‘mental retardation’’ wherever they
the Department. For the reasons discussed in the appear and adding, in their place, the
List of Subjects preamble, the Secretary amends parts words ‘‘intellectual disability’’.
104, 105, 222, 300, 361, 373, 385, 668,
34 CFR Part 104 and 674 of title 34 of the Code of PART 222—IMPACT AID PROGRAMS
Federal Regulations as follows:
Civil rights, Equal educational ■ 6. The authority citation for part 222
opportunity, Equal employment PART 104—NONDISCRIMINATION ON is revised to read as follows:
opportunity, Individuals with THE BASIS OF HANDICAP IN Authority: 20 U.S.C. 7701–7714; Pub. L.
disabilities. PROGRAMS OR ACTIVITIES 111–256, 124 Stat. 2643; unless otherwise
RECEIVING FEDERAL FINANCIAL noted.
34 CFR Part 105
ASSISTANCE § 222.50 [Amended]
Administrative practice and
procedure, Civil rights, Equal ■ 1. The authority citation for part 104 ■ 7. Section 222.50 is amended by
employment opportunity, Federal is revised to read as follows: removing the authority citation that
buildings and facilities, Individuals Authority: 20 U.S.C. 1405; 29 U.S.C. 794; follows the section.
with disabilities. Pub. L. 111–256, 124 Stat. 2643.
PART 300—ASSISTANCE TO STATES
34 CFR Part 222 § 104.3 [Amended] FOR THE EDUCATION OF CHILDREN
WITH DISABILITIES
Administrative practice and ■ 2. Section 104.3(j)(2)(i)(B) is amended
procedure, Education of individuals by removing the words ‘‘mental ■ 8. The authority citation for part 300
with disabilities, Elementary and retardation’’ and adding, in their place, is revised to read as follows:
secondary education, Federally affected the words ‘‘intellectual disability’’.
Authority: 20 U.S.C. 1221e–3, 1406, 1411–
areas, Grant programs-education, Appendix A to Part 104 [Amended] 1419, and 3474; Pub. L. 111–256, 124 Stat.
Indians-education, Reporting and 2643; unless otherwise noted.
recordkeeping requirements, School ■ 3. Appendix A to part 104 is amended ■ 9. Section 300.8 is amended by:
construction. by: ■ A. In paragraph (a)(1), removing the
■ A. In subpart A, in the fourth sentence
words ‘‘mental retardation’’ and adding,
34 CFR Part 300 of the second paragraph of section 3 in their place, the words ‘‘an intellectual
(Handicapped person), removing the disability’’.
Administrative practice and words ‘‘mental retardation’’ and adding, ■ B. Revising paragraph (c)(6).
procedure, Education of individuals in their place, the words ‘‘intellectual ■ C. In paragraph (c)(7), removing the
with disabilities, Elementary and disability’’.
secondary education, Equal educational words ‘‘mental retardation’’ in both
■ B. In subpart A, in the third sentence places they appear and adding, in their
opportunity, Grant programs-education, of the eighth paragraph of section 3 place, the words ‘‘intellectual
Privacy, Private schools, Reporting and (Handicapped person), removing the disability’’.
recordkeeping requirements. words ‘‘mentally retarded’’ and adding, ■ D. In paragraph (c)(10)(ii), removing
34 CFR Part 361 in their place, the words ‘‘having an the words ‘‘mental retardation’’ and
intellectual disability’’. adding, in their place, the words
Grant programs-education, Grant ■ C. In subpart D, in the fifth sentence ‘‘intellectual disability’’.
programs-social programs, Manpower of the fifth paragraph of section 24 ■ E. Removing the authority citation
training programs, Reporting and (Educational setting), removing the that follows the section.
recordkeeping requirements, Vocational words ‘‘severely retarded persons’’ and The revisions read as follows:
rehabilitation. adding, in their place, the words
‘‘persons with severe intellectual § 300.8 Child with a disability.
34 CFR Part 373 * * * * *
disabilities’’.
■ D. In subpart D, in the second (c) * * *
Grant programs-education, Vocational (6) Intellectual disability means
rehabilitation. sentence of the second paragraph of
section 28 (Private education), removing significantly subaverage general
34 CFR Part 385 the words ‘‘mentally retarded persons’’ intellectual functioning, existing
and adding, in their place, the words concurrently with deficits in adaptive
Grant programs-social programs, behavior and manifested during the
‘‘persons with intellectual disabilities’’.
Reporting and recordkeeping developmental period, that adversely
requirements, Vocational rehabilitation. PART 105—ENFORCEMENT OF affects a child’s educational
34 CFR Part 668 NONDISCRIMINATION ON THE BASIS performance. The term ‘‘intellectual
OF HANDICAP IN PROGRAMS OR disability’’ was formerly termed ‘‘mental
mstockstill on DSK30JT082PROD with RULES
Administrative practice and ACTIVITIES CONDUCTED BY THE retardation.’’
procedure, Colleges and universities, DEPARTMENT OF EDUCATION * * * * *
Consumer protection, Grant programs-
education, Loan programs-education, ■ 4. The authority citation for part 105 § 300.309 [Amended]
Reporting and recordkeeping is revised to read as follows: ■ 10. Section 300.309 is amended by:
requirements, Selective Service System, Authority: 29 U.S.C. 794; Pub. L. 111–256, ■ A. In paragraph (a)(3)(ii), removing
Student aid, Vocational education. 124 Stat. 2643; unless otherwise noted. the words ‘‘Mental retardation’’ and
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![Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Rules and Regulations 31913
adding, in their place, the words ‘‘An and words ‘‘motor disability, or an ■ B. Under the row labeled
intellectual disability’’. intellectual disability;’’. ‘‘DEFINITIONS (J–O)’’, removing the
■ B. Removing the authority citation ■ B. Removing the authority citation entry ‘‘Mental retardation 300.8(c)(6)’’.
that follows the section. that follows the section. ■ C. Adding a row to the index, in
alphabetical order, labeled
§ 300.311 [Amended] ■ 12. Appendix F to Part 300 is ‘‘INTELLECTUAL DISABILITY
■ 11. Section 300.311 is amended by: amended by: (Definition) § 300.8(c)(6)’’.
■ A. In paragraph (a)(6), removing the ■ A. Under the row labeled ■ D. Removing the row in the index
punctuation and words ‘‘or motor ‘‘DEFINITIONS (I)’’, adding, in labeled ‘‘MENTAL RETARDATION
disability; mental retardation’’ and alphabetical order, the entry (Definition) 300.8(c)(6)’’.
adding, in their place, the punctuation ‘‘Intellectual Disability 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 § 385.4 [Amended] ENVIRONMENTAL PROTECTION
REHABILITATION SERVICES ■ 18. Section 385.4 is amended by AGENCY
PROGRAM removing the authority citation that
follows the section. 40 CFR Part 52
■ 13. The authority citation for part 361 [EPA–R05–OAR–2017–0278; FRL–9964–65–
is revised to read as follows: PART 668—STUDENT ASSISTANCE Region 5]
Authority: Section 12(c) of the GENERAL PROVISIONS
Rehabilitation Act of 1973, as amended; 29 Air Plan Approval; Illinois; Emissions
U.S.C. 709(c); Pub. L. 111–256, 124 Stat. ■ 19. The authority citation for part 668 Statement Rule Certification for the
2643; unless otherwise noted. is revised to read as follows: 2008 Ozone Standard
Authority: 20 U.S.C. 1001–1003, 1070a,
§ 361.5 [Amended] AGENCY: Environmental Protection
1070g, 1085, 1087b, 1087d, 1087e, 1088,
1091, 1092, 1094, 1099c, and 1099c–1, Agency (EPA).
■ 14. Section 361.5 is amended by:
■ A. Removing the authority citation 1221e–3, and 3474; Pub. L. 111–256, 124 ACTION: Direct final rule.
that follows paragraph (c)(30). Stat. 2643; unless otherwise noted.
SUMMARY: The Environmental Protection
■ B. Removing the authority citation § 668.231 [Amended] Agency (EPA) is approving a State
that follows paragraph (c)(40). Implementation Plan (SIP) submission
■ 20. Section 668.231 is amended by:
■ A. In paragraph (b)(1) introductory from the Illinois Environmental
PART 373—REHABILITATION
text, removing the words ‘‘mental Protection Agency (IEPA) dated May 9,
NATIONAL ACTIVITIES PROGRAMS
retardation or’’. 2017. The submission provides IEPA’s
■ 15. The authority citation for part 373 ■ B. Removing the authority citation certification that its existing emission
is revised to read as follows: that follows the section. statement program, titled ‘‘Annual
Emissions Report’’, remains in effect
Authority: Section 303(b) of the PART 674—FEDERAL PERKINS LOAN and satisfies the Clean Air Act (CAA)
Rehabilitation Act of 1973, as amended; 29 PROGRAM emissions statement requirement for the
U.S.C. 773(b); Pub. L. 111–256, 124 Stat.
2643; unless otherwise noted.
Illinois portions of the Chicago-
■ 21. The authority citation for part 674 Naperville, Illinois-Indiana-Wisconsin
§ 373.4 [Amended] is revised to read as follows: and St. Louis-St. Charles-Farmington,
Authority: 20 U.S.C. 1070g, 1087aa– Missouri-Illinois nonattainment areas
■ 16. Section 373.4 is amended by
1087hh; Pub. L. 111–256, 124 Stat. 2643; under the 2008 ozone National Ambient
removing the authority citation that unless otherwise noted. Air Quality Standard (NAAQS). Under
follows the definition of ‘‘Individual
the CAA, states’ SIPs must require
with a significant disability’’. § 674.51 [Amended]
stationary sources in ozone
PART 385—REHABILITATION ■ 22. Section 674.51 is amended by: nonattainment areas classified as
TRAINING ■ A. In paragraph (l)(1), removing the marginal or above to annually report
words ‘‘Mentally retarded’’ and adding,
mstockstill on DSK30JT082PROD with RULES
emissions of Volatile Organic
■ 17. The authority citation for part 385 in their place, the words ‘‘Individuals Compounds (VOC) and Oxides of
is revised to read as follows: with intellectual disabilities’’. Nitrogen (NOX).
■ B. Removing the authority citation DATES: This direct final rule is effective
Authority: Sections 12(c), 301, and 302 of that follows the section.
the Rehabilitation Act of 1973, as amended; September 11, 2017, unless EPA
29 U.S.C. 709(c), 771, and 772; Pub. L. 111– [FR Doc. 2017–14343 Filed 7–10–17; 8:45 am] receives adverse comments by August
256, 124 Stat. 2643; unless otherwise noted. BILLING CODE 4000–01–P 10, 2017. If adverse comments are
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Document Created: 2018-11-14 10:21:55
Document Modified: 2018-11-14 10:21:55
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final regulations. | |
| Dates | These regulations are effective August 10, 2017. | |
| 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: [email protected] | |
| FR Citation | 82 FR 31910 | |
| RIN Number | 1801-AA11 | |
| CFR Citation | 34
CFR
104 34 CFR 105 34 CFR 222 34 CFR 300 34 CFR 361 34 CFR 373 34 CFR 385 34 CFR 668 34 CFR 674 | |
| CFR Associated | Civil Rights; Equal Educational Opportunity; Equal Employment Opportunity; Individuals with Disabilities; Administrative Practice and Procedure; Federal Buildings and Facilities; Education of Individuals with Disabilities; Elementary and Secondary Education; Federally Affected Areas; Grant Programs-Education; Indians-Education; Reporting and Recordkeeping Requirements; School Construction; Privacy; Private Schools; Grant Programs-Social Programs; Manpower Training Programs; Vocational Rehabilitation; Colleges and Universities; Consumer Protection; Loan Programs-Education; Selective Service System; Student Aid; Vocational Education and Reporting and Recordkeeping |
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