Evaluation of the New Rulemaking Requirements Implemented in the Development of the 1989 Chapter 1 Regulations.

Recent amendments to Chapter 1 of the Elementary and Secondary Education Act required the U.S. Department of Education (ED) to involve the public in the development of proposed Chapter 1 regulations. The law required ED to conduct a series of regional meetings and to implement "a modified negotiated rulemaking process as a demonstration." This study evaluated ED's implementation of the requirements for regional meetings and negotiated rulemaking. During late May and early June 1988, ED held five public meetings at locations around the country that drew over 700 participants. Identified by ED as particularly important in the development of proposed regulations were the following issues: targeting, parental involvement, schoolwide projects, program improvement, state administration, and national evaluation standards. ED held a 2-day session in July 1988 to negotiate the provisions of the proposed regulations corresponding to the six issues discussed in the regional meetings. The 19 negotiators, who were selected by ED and approved by their respective national associations, representated the same groups as those invited to the regional meetings. The study team reviewed relevant documents and interviewed 47 people. The study assessed the effectiveness of the new rulemaking requirements and concluded, in summary, that the regional meetings resulted in improved public understanding of the new Chapter 1 provisions; however, the lack of consensus on key regulatory issues meant that the new procedures exerted only limited substantive influence on the development of Chapter 1 regulations. (MLF)