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Trump's Department of Education Delays ESSA Regulations, Will Waive 'Notice-and-Comment Rulemaking'

Trump's Department of Education Delays ESSA Regulations, Will Waive 'Notice-and-Comment Rulemaking'

In one of the first moves from a Department of Education operated under Donald Trump, the Department has delayed the effective dates of several regulations in order to review them.

Delayed regulations include the final regulations for the Every Student Succeeds Act's Accountability and State Plans; instead of going into effect yesterday, Trump's Education Department will now have until March 21 to review the document.

Other delayed regulations include the Open Licensing Requirement for Competitive Grant Programs and the Family Educational Rights and Privacy Act, both of which the department will also have until March 21 to review.

Following the review of these regulations, the Department noted it will be taking on regulations for Borrower Defense, TEACH Grants, and the amended State Authorization issued under Title IV of the Higher Education Act of 1965.

Perhaps most notably, the Department said in its notice that it will most likely not be adhering to "notice-and-comment rulemaking," a type of rulemaking where finalized regulations are finished 30 days before they are to go into effect, allowing for a period of public comment.

" agency is not required to conduct notice-and-comment rulemaking or delay effective dates when the agency, for good cause, finds that the requirement is impracticable, unnecessary, or contrary to the public interest," the Department says.

"There is good cause to waive both of these requirements here as the President's appointees and designees need to delay the effective dates of these regulations to have adequate time to review new or pending regulations, and neither the notice and comment processes nor delayed effective date could be implemented in time to allow for this review."

The document was published in the Federal Register by Acting Secretary of Education Philip Rosenfelt; Trump's nominee for Education Secretary Betsy DeVos is expected to be confirmed today.

Nicole Gorman, Senior Education World Contributor


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