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Nonregulatory Guidance

Note to users:
On Tuesday, August 27th, 2024, the Department of Education released updated draft non-regulatory guidance for Title I, Part D of the Elementary and Secondary Education Act of 1965. This is the first revision to the guidance for this program since 2006. The guidance is being published for a 30-day public comment period. 

State coordinators should refer to the new non-regulatory guidance to aid your implementation of the Title I, Part D program, as it represents ED’s best current thinking on the program’s requirements.

The updated draft guidance is available on the Title I, Part D webpage. The guidance shown here on the NDTAC website is the older version and is available until September 26, 2024, to allow users to compare the two versions and provide substantive comments. We encourage you to share within your states and to submit comments to strengthen the guidance. Please submit succinct, substantive comments about the content of the draft, which may include: 

  1. Identifying Title I, Part D requirements or topics that you think the Department has not addressed but should;
  2. Identifying questions or answers in the document, by question number, that you think are not clear and provide a suggestion for enhancing clarity; and 
  3. Providing suggestions for enhancing the document overall.

Please submit your comments to oese.feedback@ed.gov by September 26, 2024. Include “ESEA Title I, Part D Nonregulatory Guidance” in the subject line. ED will consider comments in making revisions but will not provide individual responses to comments. Once the public comment period ends, ED will review comments and determine if any revisions need to be made. After any revisions are made, ED will publish a revised, final version of the guidance, which will replace the existing guidance here on the NDTAC website. 

Existing Non-regulatory Guidance

Developed by ED, the Nonregulatory Guidance describes the requirements of the Title I, Part D, Subpart 1 State Agency and Subpart 2 local education agency programs and the evaluation requirements in Subpart 3. The guidance provides suggestions for addressing many of these requirements and does not impose any new requirements beyond those in the Elementary and Secondary Education Act and other applicable Federal statutes and regulations.

States may use the guidance in developing their own guidelines and standards; however, they are free to develop alternative approaches that meet applicable Federal statutory and regulatory requirements.

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