Wednesday, May 18, 2016

Federal Legislative Report 114-9


The Negotiated Rulemaking Committee concluded its work on April 19. The committee’s task was to review rules proposed by the U.S. Department of Education (USDOE) on assessments and supplement/not supplant. Committee members reached final consensus on all of the identified issues included in the proposed assessment regulations. The committee was unable to achieve consensus on the supplement/not supplant regulations.

What’s next? The USDOE is bound to the agreement on the assessment regulations and will promulgate formal regulations based on the committee’s negotiations. They will also proceed in issuing supplement/not supplant regulations, but since the committee could not reach consensus they are not bound by the negotiations. The failure to reach consensus triggers a specific congressional oversight provision in ESSA, which allows Congress to weigh-in on whatever supplement/not supplant language the USDOE submits as proposed rules. All of the regulations and transcripts of the negotiated rulemaking meetings will be posted on the USDOE website.

Click here to read the complete Federal Legislative Report 114-9, including an update on school nutrition reauthorization and U.S. Department of Labor overtime requirements.