 
 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
    SUBCHAPTER I--HELPING DISADVANTAGED CHILDREN MEET HIGH STANDARDS
 
                       Part F--General Provisions
 
Sec. 6511. Federal regulations


(a) In general

    The Secretary is authorized to issue such regulations as are 
necessary to reasonably ensure that there is compliance with this 
subchapter.

(b) Negotiated rulemaking process

                           (1) In general

        Prior to publishing in the Federal Register proposed regulations 
    to carry out this subchapter, the Secretary shall obtain the advice 
    and recommendations of representatives of Federal, State, and local 
    administrators, parents, teachers, and members of local boards of 
    education involved with the implementation and operation of programs 
    under this subchapter.

                (2) Meetings and electronic exchange

        Such advice and recommendation may be obtained through such 
    mechanisms as regional meetings and electronic exchanges of 
    information.

                      (3) Proposed regulations

        After obtaining such advice and recommendations, and prior to 
    publishing proposed regulations, the Secretary shall--
            (A) establish a negotiated rulemaking process on a minimum 
        of two key issues, including--
                (i) schoolwide programs; and
                (ii) standards and assessment;

            (B) select individuals to participate in such process from 
        among individuals or groups which provided advice and 
        recommendations, including representation from all geographic 
        regions of the United States; and
            (C) prepare a draft of proposed policy options that shall be 
        provided to the individuals selected by the Secretary under 
        subparagraph (A) not less than 15 days prior to the first 
        meeting under such process.

                             (4) Process

        Such process--
            (A) shall be conducted in a timely manner to ensure that 
        final regulations are issued by the Secretary not later than 
        July 1, 1995; and
            (B) shall not be subject to the Federal Advisory Committee 
        Act but shall otherwise follow the provisions of the Negotiated 
        Rulemaking Act of 1990 (5 U.S.C. 561 et seq.).

                       (5) Emergency situation

        In an emergency situation in which regulations to carry out this 
    subchapter must be issued with a very limited time to assist State 
    and local educational agencies with the operation of a program under 
    this subchapter, the Secretary may issue proposed regulations 
    without following such process but shall, immediately thereafter and 
    prior to issuing final regulations, conduct regional meetings to 
    review such proposed regulations.

(c) Limitation

    Regulations to carry out this part may not require local programs to 
follow a particular instructional model, such as the provision of 
services outside the regular classroom or school program.

(Pub. L. 89-10, title I, Sec. 1601, as added Pub. L. 103-382, title I, 
Sec. 101, Oct. 20, 1994, 108 Stat. 3609.)

                       References in Text

    The Federal Advisory Committee Act, referred to in subsec. 
(b)(4)(B), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, 
which is set out in the Appendix to Title 5, Government Organization and 
Employees.
    The Negotiated Rulemaking Act of 1990, referred to in subsec. 
(b)(4)(B), is Pub. L. 101-648, Nov. 29, 1990, 104 Stat. 4969, which 
enacted subchapter III (Sec. 561 et seq.) of chapter 5 of Title 5 and 
provisions set out as notes under section 561 of Title 5. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 561 of Title 5 and Tables.

                  Section Referred to in Other Sections

    This section is referred to in section 8941 of this title.
