82 FR 31910 - Rosa's Law

DEPARTMENT OF EDUCATION

Federal Register Volume 82, Issue 131 (July 11, 2017)

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.

[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]


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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.

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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 
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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