83 FR 33167 - Title I-Improving the Academic Achievement of the Disadvantaged-Supplement Not Supplant; Withdrawal

DEPARTMENT OF EDUCATION

Federal Register Volume 83, Issue 137 (July 17, 2018)

The U.S. Department of Education (Department) is withdrawing the notice of proposed rulemaking (NPRM) pertaining to the supplement not supplant requirements under title I, part A of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA).

[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Proposed Rules]
[Pages 33167-33168]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15259]


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DEPARTMENT OF EDUCATION

34 CFR Part 200

RIN 1810-AB33
[Docket ID: ED-2016-OESE-0056]


Title I--Improving the Academic Achievement of the Disadvantaged-
Supplement Not Supplant; Withdrawal

AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

ACTION: Proposed rule; withdrawal.

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SUMMARY: The U.S. Department of Education (Department) is withdrawing 
the notice of proposed rulemaking (NPRM) pertaining to the supplement 
not supplant requirements under title I, part A of the Elementary and 
Secondary Education Act of 1965 (ESEA), as amended by the Every Student 
Succeeds Act (ESSA).

DATES: As of July 17, 2018, the proposed regulations published on 
September 6, 2016, at 81 FR 61148 are withdrawn.

FOR FURTHER INFORMATION CONTACT: Patrick Rooney, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 3W202, Washington, DC 20202. 
Telephone: (202) 453-5514. Email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: Section 1118(b)(2) of the ESEA, as amended 
by

[[Page 33168]]

the ESSA, contains a new provision for demonstrating compliance with 
the title I, part A supplement not supplant requirement. Pursuant to 
section 1601(b)(3)(A) of the ESEA, prior to issuing any regulations 
that implement the supplement not supplant requirement, the Department 
must engage in negotiated rulemaking. The Department conducted 
negotiated rulemaking on draft supplement not supplant regulations in 
spring 2016 but the negotiating committee did not reach consensus.
    Subsequently, on September 6, 2016, the Department published in the 
Federal Register an NPRM (81 FR 61148) proposing regulations relating 
to the supplement not supplant requirement in title I, part A of the 
ESEA, as amended by the ESSA. In January 2017, the Department announced 
that it would not publish final regulations on this requirement. As a 
result, the Department withdraws its NPRM. We note that this is 
considered a deregulatory action under Executive Order 13771. Because 
the Department did not publish final regulations, this withdrawal will 
have no effect on existing regulations, which do not include provisions 
implementing the title I, part A supplement not supplant requirement.
    Accessible Format: Individuals with disabilities can obtain this 
document and the NPRM in an accessible format (e.g., braille, large 
print, audiotape, or compact disc) on request to the person listed 
under FOR FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations 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 this site.
    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.

    Dated: July 12, 2018.
Frank Brogan,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2018-15259 Filed 7-16-18; 8:45 am]
 BILLING CODE 4000-01-P