Author: Patsy Crawford | Posted: 20. May 2011 02:27
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]
Author: Patsy Crawford | Posted: 21. August 2010 00:02
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Author: Patsy Crawford | Posted: 2. April 2010 00:42
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Author: Patsy Crawford | Posted: 26. August 2009 19:24
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]
Author: Ryan Paiva | Posted: 29. July 2009 20:29
In Decision No.1924, dated June, 14, 2004, the U.S. Department of Health and Human Services (DHHS) Departmental Appeals Board (DAB) ruled that the “free care principle”, as that term has been defined and applied to school districts by the Centers for Medicare and Medicaid Services (CMS) is not valid and that CMS cannot enforce the principle against school districts. DAB decisions are binding on CMS until appealed to and overturned by the DAB or a federal court. In response to CMS's request for reconsideration, the DAB denied the request and affirmed Decision 1924. [More]
Author: Ryan Paiva | Posted: 29. July 2009 00:40
In 1988, the U.S. Supreme Court issued a decision in Bowen v. Massachussets, 487 U.S. 879, that established that school districts may receive Medicaid reimbursement for health services provided to Medicaid-eligible special education students. Subsequently, Congress amended the Social Security Act at Section 1903(c) as follows. [More]
Author: Ryan Paiva | Posted: 27. July 2009 23:33
Like the Individuals with Disabilities Education Act (IDEA), the Section 504 regulation requires school districts to establish a system of a system of procedural safeguards (due process) to govern the identification, evaluation, or placement of students with disabilities who need or are believed to need special instruction. Procedural safeguards are also required with regard to the discipline of Section 504 students. [More]
Author: Patsy Crawford | Posted: 24. July 2009 19:44
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]
Author: Patsy Crawford | Posted: 11. July 2009 20:22
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]
Author: Ryan Paiva | Posted: 11. July 2009 00:14
The "free care rule" reflects the federal Medicaid requirement that Medicaid does not pay for services that are provided to the community without charge. Since school districts do not charge families for services, many Medicaid covered services provided by school districts are not reimbursable. DAB Decision 1924 clarified that the "free care rule" is unenforceable as it has been historically applied to school districts. Click on the link below for further information. [More]
