This resolution would overturn a regulation issued by the Dept. of Education that placed additional federal restrictions on systems developed by states to hold schools accountable to parents and taxpayers for their performance. The rule was finalized during the final days of the Obama administration.
The Dept. of Education’s regulation was produced to implement portions of the Every Student Succeeds Act, which passed Congress with bipartisan majorities in December 2015. Critics of the regulation argue that the Dept. of Education exceeded its authority under the ESSA, which sought to empower states, because of content it required to be included in state accountability plans.
Under the Congressional Review Act, Congress is able to overturn regulations finalized within the last 60 legislative days with simple majority votes in both chambers. It would need to be signed into law by the president to take effect, and would also prohibit the agency that produced the regulation from issuing a similar rule without being directed to do so by Congress.