[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Proposed Rules]
[Pages 104935-104936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30923]
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DEPARTMENT OF EDUCATION
34 CFR Parts 75 and 76
[Docket ID ED-2022-OPE-0157]
RIN 1840-AD72
Direct Grant Programs, State-Administered Formula Grant Programs;
Withdrawal
AGENCY: Office of Postsecondary Education, Department of Education.
ACTION: Notice of proposed rulemaking; withdrawal.
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SUMMARY: The U.S. Department of Education (Department) is withdrawing a
notice of proposed rulemaking to rescind regulations related to
religious student organizations at certain public institutions of
higher education (IHEs). The proposed regulations would have applied to
public IHEs that receive a direct grant from the Department or a
subgrant from a State-administered formula grant program of the
Department.
DATES: The notice of proposed rulemaking published in the Federal
Register at 88 FR 10857 on February 22, 2023, is withdrawn as of
December 20, 2024.
FOR FURTHER INFORMATION CONTACT: Scott Prince, U.S. Department of
Education, Office of Postsecondary Education, 400 Maryland Avenue SW,
5th floor, Washington, DC 20202. Telephone: (202) 453-5568. Email:
[email protected].
If you are deaf, hard of hearing, or have a speech disability and
wish to access telecommunications relay services, please dial 7-1-1.
SUPPLEMENTARY INFORMATION:
Background
On September 23, 2020, the Department promulgated a final rule that
addressed freedom of speech and the free exercise of religion at
institutions of higher education participating in certain programs
administered by the Department. See 85 FR 59916.\1\ On August 19, 2021,
the Department announced our intent to conduct a review of these
regulations while keeping in mind the importance of several key
elements, including First Amendment protections, nondiscrimination
requirements, and the promotion of inclusive learning environments for
all students.\2\ As part
[[Page 104936]]
of the review, the Department conducted outreach and held meetings
with: (1) higher education and institutional stakeholders, including
organizations representing public institutions; (2) faith-based
organizations, including organizations representing religious IHEs; and
(3) organizations that advocate for civil rights and civil liberties.
On February 22, 2023, the Department published a notice of proposed
rulemaking (NPRM) in the Federal Register proposing to rescind portions
of the rule that became effective on November 23, 2020. See 88 FR
10857. Specifically, the Department proposed to rescind 34 CFR
75.500(d) and 76.500(d), which prescribe a role for the Department in
enforcing grant conditions related to religious student organizations
at certain public institutions of higher education (IHEs). These
regulations apply to public IHEs that receive a direct grant from the
Department or a subgrant from a State-administered formula grant
program of the Department.
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\1\ The Department also published a document with two technical
corrections on November 6, 2020, see 85 FR 70975.
\2\ Cooper, Michelle Asha. ``Update on the Free Inquiry Rule,''
Department of Education Homeroom Blog (Aug. 19, 2021), https://blog.ed.gov/2021/08/update-on-the-free-inquiry-rule/.
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The Department accepted public comments on the NPRM from February
22, 2023, through March 24, 2023. In response to that NPRM the
Department received approximately 58,000 public comments.
Withdrawal of the Notice of Proposed Rulemaking and Termination of the
Rulemaking Proceeding
The Department issued the NPRM to amend 34 CFR parts 75 and 76 and
provided its reasons for proposing to rescind the 2020 final
regulations in that document. However, upon further consideration, the
Department is withdrawing the NPRM and terminating the rulemaking
proceeding.
During the public comment period, the Department received
approximately 58,000 comments. Several hundred of the comments calling
for withdrawal were from individuals and organizations who argued that
rescinding the current rule is not necessary because it is not complex
or burdensome. Additionally, many comments in support of the current
regulations pointed to ongoing issues faced by religious student groups
as evidence of the need to keep these regulations. Numerous commenters
in favor of rescinding these provisions asserted that the current
regulations are not necessary to protect these constitutional freedoms
and expressed concern that the regulations could be read to require
institutions to afford preferential treatment to religious student
groups.
We appreciate the feedback that the Department received in response
to the NPRM. In light of the concerns raised by commenters both in
support of and in opposition to the proposed rescissions, the
forthcoming change in administration, and the significant resources
needed to review and consider all relevant matters presented in the
public comments, the Department for each of these independent reasons
does not believe that finalizing the proposed rescissions is an
efficient use of Department resources at this time. Therefore, the
Secretary exercises his discretion to withdraw the NPRM and terminate
this rulemaking. We do not intend for a final rule to be issued on this
NPRM. Any future rulemaking the Department may undertake on this topic
would similarly be subject to the notice and comment requirements of
the Administrative Procedure Act, 5 U.S.C. 551, et seq.\3\
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\3\ The Department notes that the 2020 final regulations do not
impose conditions on participation in the programs authorized under
title IV of the Higher Education Act of 1965, as amended (HEA). See
85 FR 59942. Any future rulemaking that would seek to impose
conditions on participation in title IV programs would be subject to
the negotiated rulemaking requirement in section 492 of the HEA, 20
U.S.C. 1098a.
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Importantly, this withdrawal does not change or alter the
Department's role with respect to the other material grant conditions
added by the 2020 final regulations at Sec. Sec. 75.500(b) and (c) and
76.500(b) and (c). The Department will determine if an IHE has violated
the grant conditions in those provisions only if a State or Federal
court issues a final, non-default judgment against a public IHE for
violating the First Amendment or against a private IHE for violating
stated institutional policies. Absent such a judgment, the Department
presumes public IHEs to be in compliance with the First Amendment where
the alleged violations concern matters other than denial of equal
treatment to religious student organizations because of the
organization's beliefs, practices, policies, speech, membership
standards, or leadership standards, which are informed by sincerely
held religious beliefs. Under the 2020 final regulations at Sec. Sec.
75.500(b) and (c) and 76.500(b) and (c), the Department's role is not
to investigate alleged violations of these grant conditions and is
limited to deciding whether and to what extent to impose additional
penalties where a State or Federal court has rendered a relevant final,
non-default judgment.
Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain this document and a copy of the application package in an
accessible format. The Department will provide the requestor with an
accessible format that may include Rich Text Format (RTF) or text
format (txt), a thumb drive, an MP3 file, braille, large print,
audiotape, compact disc, or other accessible format.
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 Department documents 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.
You may also access Department documents 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.
Miguel Cardona,
Secretary of Education.
[FR Doc. 2024-30923 Filed 12-20-24; 2:00 pm]
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