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Teacher Preparation Issues rule (2016)

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The Teacher Preparation Issues rule is a significant rule issued by the U.S. Department of Education effective November 30, 2016, that amended department regulations regarding teacher preparation program accountability system requirements for institutions of higher education. The Trump administration revoked the rule under the Congressional Review Act on March 27, 2017, which invalidated the regulations.[1][2]

HIGHLIGHTS
  • Name: Teacher Preparation Issues
  • Code of Federal Regulations: 34 CFR Parts 612 and 686
  • Agency: Office of Postsecondary Education, Department of Education
  • Type of significant rule: Other significant rule

    • Timeline

    The following timeline details key rulemaking activity:

    Background

    Education Policy
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    See also: Congressional Review Act

    The Higher Education Act (HSA) of 1965 outlines reporting requirements for teacher preparation programs at institutions of higher education. The requirements implemented by the HSA "provide an impetus to States and IHEs to make improvements where they are needed and recognize excellence where it exists." The Department of Education argued that the requirements in place did not significantly address program quality. To remedy the department's perceived shortcomings, amended regulations were proposed on December 3, 2014, to define quality indicators to assess program performance.[6]

    Congressional Review Act

    A Congressional Review Act (CRA) resolution was introduced by Rep. Brett Guthrie (R) on February 1, 2017, in the U.S. House of Representatives regarding the Department of Education's rule relating to teacher preparation program issues. Supporters of the resolution argued that the action was necessary to correct what they referred to as the executive overreach of the Obama administration's rule. The Committee on Education and the Workforce argued that the rule "would have significantly expanded the federal government’s role in teacher preparation, and may have led to fewer teachers electing to serve our nation’s most vulnerable students."[7][8]

    The resolution was passed by Congress on March 8, 2017, and signed into law on March 27, 2017, by President Donald Trump (R). The CRA resolution invalidated the final regulations, which were subsequently removed from the Code of Federal Regulations.[3][2]

    Summary of the rule

    The following is a summary of the rule from the rule's entry in the Federal Register:

    “ The Secretary establishes new regulations to implement requirements for the teacher preparation program accountability system under title II of the Higher Education Act of 1965, as amended (HEA), that will result in the collection and dissemination of more meaningful data on teacher preparation program quality (title II reporting system). The Secretary also amends the regulations governing the Teacher Education Assistance for College and Higher Education (TEACH) Grant program under title IV of the HEA to condition TEACH Grant program funding on teacher preparation program quality and to update, clarify, and improve the current regulations and align them with title II reporting system data.[1][9] ”

    Summary of provisions

    The following is a summary of the provisions from the final rule's entry in the Federal Register:[1]

    “ The final regulations—
    • Establish necessary definitions and requirements for IHEs and States related to the quality of teacher preparation programs, and require States to develop measures for assessing teacher preparation performance.
    • Establish indicators that States must use to report on teacher preparation program performance, to help ensure that the quality of teacher preparation programs is judged on reliable and valid indicators of program performance.
    • Establish the areas States must consider in identifying teacher preparation programs that are low-performing and at-risk of being low-performing, the actions States must take with respect to those programs, and the consequences for a low-performing program that loses State approval or financial support. The final regulations also establish the conditions under which a program that loses State approval or financial support may regain its eligibility for title IV, HEA funding.
    • Establish a link between the State's classification of a teacher preparation program's performance under the title II reporting system and that program's identification as “high-quality” for TEACH Grant eligibility purposes.
    • Establish provisions that allow TEACH Grant recipients to satisfy the requirements of their agreement to serve by teaching in a high-need field that was designated as high-need at the time the grant was received.
    • Establish conditions that allow TEACH Grant recipients to have their service obligations discharged if they are totally and permanently disabled. The final regulations also establish conditions under which a student who had a prior service obligation discharged due to total and permanent disability may receive a new TEACH Grant.[9]
    		 ”

    Significant impact

    See also: Significant regulatory action

    The Office of Management and Budget (OMB) deemed this rule significant pursuant to Executive Order 12866. An agency rule can be deemed a significant rule if it has had or might have a large impact on the economy, environment, public health, or state or local governments. The term was defined by E.O. 12866, which was issued in 1993 by President Bill Clinton.[1]

    Text of the rule

    The full text of the rule is available below:[1]

    See also

    External links

    Footnotes

    1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 Federal Register, "Teacher Preparation Issues," October 31, 2016
    2. ↑ 2.0 2.1 2.2 Federal Register, "Teacher Preparation Issues," May 9, 2017
    3. ↑ 3.0 3.1 3.2 3.3 Congress.gov, "H.J.Res.58 - Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to teacher preparation issues," accessed April 5, 2023
    4. ↑ Federal Register, "Teacher Preparation Issues," November 17, 2016
    5. ↑ 5.0 5.1 Federal Register, "Teacher Preparation Issues," April 1, 2016
    6. ↑ 6.0 6.1 6.2 Federal Register, "Teacher Preparation Issues," December 3, 2014
    7. ↑ Committee on Education & the Workforce, "Five Ways We've Made America Better: Congressional Review Acts," December 17, 2018
    8. ↑ The Washington Post, "Congressional Republicans poised to overturn Obama-era education regulations," March 6, 2017
    9. ↑ 9.0 9.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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