[Federal Register Volume 84, Number 145 (Monday, July 29, 2019)]
[Rules and Regulations]
[Pages 36471-36472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15869]


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DEPARTMENT OF EDUCATION

34 CFR Parts 600 and 668

RIN 1840-AD39
[Docket ID ED-2018-OPE-0041]


Institutional Eligibility and Student Assistance General 
Provisions

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Final rule; announcement of effective date.

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SUMMARY: Consistent with the decisions of the U.S. District Court for 
the Northern District of California, this document memorializes that 
selected provisions of these final regulations took effect on May 26, 
2019.

DATES: In National Education Association v. DeVos, No. 18-cv-05173-LB 
(N.D. CA April 26, 2019), the court vacated the rule amending 34 CFR 
600.2, 600.9(c), 668.2, and the addition of 34 CFR 668.50, published 
December 19, 2016 at 81 FR 92236, and delayed June 29, 2018 (83 FR 
31296), is effective May 26, 2019.

FOR FURTHER INFORMATION CONTACT: Sophia McArdle, U.S. Department of 
Education, 400 Maryland Ave. SW, Mail Stop 290-44, Washington, DC 
20202. Telephone: (202) 453-6318. Email: [email protected] or Scott 
Filter, U.S. Department of Education, 400 Maryland Ave. SW, Mail Stop 
290-42, Washington, DC 20202. Telephone: (202) 453-7249. 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: 

Background

    On December 19, 2016 (81 FR 92236), the U.S. Department of 
Education (Department) published regulations related to distance 
education and correspondence courses as well as regulations providing 
students and the public with disclosures about the educational 
institutions that offered these programs (Distance Education Rules). 
The regulations originally were to go into effect July 1, 2018. But on 
July 3, 2018 (83 FR 31296) with an effective date of June 29, 2018, the 
Department published a notice delaying the effective date of the 
amendments to 34 CFR 600.2, 600.9(c), 668.2, and the addition of 34 CFR 
668.50, published December 19, 2016 (81 FR 92236) until July 1, 2020 
(Delay Rule).

[[Page 36472]]

    The National Education Association (NEA), the California Teachers 
Association (CTA), and individual plaintiffs Shane Heiman, Kwynn 
Uyehara, and Stephanie Portilla, who are NEA and CTA members who were 
enrolled or considering enrolling in online education programs, filed a 
challenge to the Delay Rule, arguing that, because the Department did 
not submit these regulations to negotiated rulemaking, the Department 
violated the Higher Education Act of 1965, as amended, and the 
Administrative Procedure Act. They asked for the Delay Rule to be 
vacated and that the December 2016 Distance Education Rules be allowed 
to go into effect. Complaint for Declaratory and Injunctive Relief, 
National Education Association v. DeVos, No. 18-cv-05173-LB (N.D. CA 
August 23, 2018).
    On April 26, 2019, the Court issued its Memorandum Opinion and 
Order, granting the Plaintiffs' motion for summary judgment and denying 
the Department's cross-motion for summary judgment, stating that the 
Department did not have good cause to forgo negotiated rulemaking with 
respect to the Delay Rule. The Court vacated the Delay Rule, but stayed 
the vacatur for 30 days from the date of the order (April 26, 2019). 
National Education Association v. DeVos, No. 18-cv-05173-LB (N.D. CA 
April 26, 2019).

Regulations

    With this action by the Court, the final regulations, published 
December 19, 2016 (81 FR 92236), listed below took effect.
     Section 600.2 Definitions ``State authorization 
reciprocity agreement.''
     Section 600.9(c) State authorization.
     Section 668.2 Definitions ``Distance Education.''
     Section 668.50 Institutional disclosures for distance or 
correspondence programs.
    Accessible Format: Individuals with disabilities may obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the contact 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 at www.govinfo.gov. At this site, you can view this 
document, as well as all other documents of this Department published 
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    You may also access documents of the Department published in the 
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by the Department.

    Dated: July 22, 2019.
Betsy DeVos,
Secretary of Education.
[FR Doc. 2019-15869 Filed 7-26-19; 8:45 am]
 BILLING CODE 4000-01-P