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Education Legal and Regulatory Research

On March 26, 2012, a Florida U.S. District Court judge ordered the State Medicaid agency to “provide, fund, and authorize Applied Behavioral Analysis treatment … to all Medicaid-eligible persons under the age of 21 in Florida who have been diagnosed with autism or Autism Spectrum Disorder as prescribed by a physician or other licensed practitioner.” [More]

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 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 bullying and harassment of students continues to receive national attention. On May 9, 2011 a bill (S.B. 919) was introduced in Congress which would, among other things, authorize the U.S. Education Secretary to award $1 billion in competitive grants to states in FY 2012 to implement “comprehensive programs that address conditions for learning in schools.” [More]

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Americans with Disabilities Act | News

Sue Gamm's article "How to Avoid the Perfect Storm" addresses the challenges school districts face in implementing educational initiatives. She writes "School districts across the country are racing to implement Response to Intervention (RtI) to promote general education interventions and support eligibility decisions for students suspected of having a learning disability (LD); however, conditions are ripe for a “Perfect Storm” that could lead to higher incidence rates, more racial/ethnic disproportionality and failure to identify claims based on IDEA and Section 504/ADA. What are these conditions and how can school districts avoid this Perfect Storm?" [More]

The Americans with Disabilites Act of 1990 is a civil rights law that prohibits discrimination against individuals with disabilities by employers, public entities and public transportation provided by public entities. Use the link below for more information. [More]

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Americans with Disabilities Act

The Americans with Disabilities Act (ADA) was amended effective January 1, 2009. The stated purpose of the amendment was to restore the objectives of the Act as they existed before several interpretations of key provisions were made by the U.S. Supreme Court. The analyses below discuss the changes in the Act. The amendment also affects Section 504 of the Rehabilitation Act of 1973. [More]

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Americans with Disabilities Act | IDEA/Special Education | Section 504

What is the distinction between IDEA and Section 504 with regard to Medicaid billing for therapeutic health services provided to students with disabilities? IDEA and Section 504 of the Rehabilitation Act of 1973 require school districts to make accommodations for and provide necessary health services to students with disabilities to ensure access to a free appropriate public education (FAPE). All children with disabilities are subject to the rights afforded by Section 504. IDEA applies only to students with disabilities who have been determined eligible for special education and related services. [More]


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