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Education Legal and Regulatory Research

Section 504 of the Rehabilitation Act of 1973 (Section 504), among other things, requires federally-funded school districts to provide a free appropriate public education to each student with a disability. An appropriate education includes the provision of regular or special education and related aids and services that are designed to meet the needs [More]

In November 2011, eleven states applied for waivers of various provisions of the No Child Left Behind Act (NCLB) in response to a NCLB flexibility program offered by the U.S. Department of Education (ED) in September. A January 31, 2012 article by the Associated Press reports that in December ED advised nearly all waiver applicants that their respective [More]

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IDEA/Special Education | NCLB/ESEA | News

Medicaid billing changes required by the Centers for Medicare and Medicaid Services (CMS) in CMS Rule 6028 (42 CCFR 455 subpart E) threaten major revenue disruptions and administrative burdens for some school districts. Under the rule’s new provider screening requirements, each state Medicaid agency must require all ordering or referring physicians and other professionals to [More]

A January 19, 2012 New York Times article reported that a new study proposes changes in the definition of autism that could significantly decrease the number of individuals diagnosed with the condition. The rate of autism diagnoses has significantly increased since the 1980’s; current estimates are as high as one in 100 children in some areas. [More]

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IDEA/Special Education | News | Section 504

January 8, 2012 marks the 10th anniversary of former President George W. Bush’s signing of the No Child Left Behind Act (NCLB) and many political observers are skeptical that its reauthorization, more than four years overdue, will occur before the end of this final year of the 112th Congress. Although most policy makers agree that the well-intentioned NCLB is seriously flawed and needs to be “fixed” immediately, wide policy divides between the [More]

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Education | NCLB/ESEA | News | IDEA/Special Education

In a December 23, 2011 Informational Bulletin, the Centers for Medicare and Medicaid Services (CMS) issued guidance to states on implementing the provider screening and enrollment requirements of CMS Final Rule 6028 (codified at 42 CFR 455 subpart E). The CMS rule provides that each state Medicaid agency must require all ordering or referring [More]

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Medicaid - General | Medicaid-School-Based | News

In a December 14, 2011 article, Education Week reported on the expansion of postsecondary education options for special education students. Approximately 170 college programs, compared to 15 in 2002, have been created to accommodate students with severe [More]

The December 2, 2011 amendments to the Family Educational Rights and Privacy Act (FERPA) regulations will make it easier for educational authorities to collect and more effectively use data to evaluate and improve early learning programs. The FERPA [More]

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FERPA | News

In a December 16, 2011 press release, the U.S. Department of Education (ED) reported that nine states will receive grants from the $500 million Race to the Top-Early Learning Challenge (RTT-ELC) program. The states are California, Delaware, Maryland, [More]

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Education | News

Forty-five states, several US territories, and the District of Columbia have adopted the new Common Core State Standards for English Language Arts & Literacy in History/Social Studies, Science, and Technical Subjects (CCSS-ELA). The standards are widely touted as providing a clear, rigorous pathway that will prepare students to be college and career ready. States, districts, and schools are poised to align curriculum, instruction, and assessment. CCSS-ELA are complex, with implications for instruction and assessment in not only English language arts, but also history/social studies, science, and technical subjects. [More]

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