400.7—What are the provisions governing the issuance of State core standards and measures of performance and State rules or regulations?
(a)
(1) State standards and measures.
A State shall convene, on a regular basis, the Committee established under § 400.6 to review, comment on, and propose revisions to a draft proposal that the State board develops for a statewide system of core standards and measures of performance for secondary, postsecondary, and adult vocational education programs.
(2)
The Committee shall make recommendations to the State board with respect to modifying statewide standards and measures based on information provided by the State under 34 CFR 403.201(d).
(b)
(1) State rules and regulations.
Except as provided in paragraph (b)(2) of this section, before a State publishes any proposed or final State rule or regulation for programs, services, or activities covered by the Act, the State shall convene the Committee for the purpose of reviewing the rule or regulation.
(2)
In an emergency, in which a rule or regulation must be issued within a very limited time period to assist eligible recipients with the operation of projects, services, or activities, the State—
(i)
May issue a proposed rule or regulation without meeting the requirements in paragraph (b)(1) of this section; but
(ii)
Shall immediately convene the Committee to review the rule or regulation before it is issued in final form.
(3)
If a State policy is binding on eligible recipients and has the same effect as a formal rule or regulation, although it is not issued as one, that policy is covered by this section.