Education Research

Summary of Title I Regulatory Changes & Interesting Comments by the US Department of Education In October, the United States Department of Education issued final regulations to the No Child Left Behind’s Amendment (NCLB) to the Elementary & Secondary Education Act; they are effective November 28, 2008. According to USDE, the regulations reflect a response to the results of six years of NCLB’s implementation and build on and strengthen the advances States have made with their assessment and accountability systems. In the absence of reauthorization, USDE believes the changes are necessary to further the interests of parents and children and improve NCLB implementation in order to continue progress toward the goal of 100% student proficiency in reading and mathematics by 2014.

Impact of the 2008 ADA Amendment on School DistrictsOn September 25, 2008, President Bush signed the Americans with Disabilities Act Amendments Act of 2008 (ADA or Amendment) into law. Its provisions are effective on January 1, 2009. Congress moved to amend the ADA to correct several Supreme Court decisions involving employment that significantly limited the Act’s coverage. In this process, however, the Amendment (which also applies to Section 504 of the Rehabilitation Act) may have unanticipated consequences for school districts and their practices.

Optimism Rises for the Future of Medicaid Billing Programs Targeted for Elimination or Reduction by the Bush Administration in 2008In the weeks since the election of Barack Obama as the President of the United States,the President-elect is aggressively taking steps to fulfill his promise of change including addressing the nation’s economy and making health care accessible for all Americans. For many people, his election is also a cause for optimism that certain cuts in the Medicaid program, proposed by President Bush’s administration, will be halted. However, opponents of these cuts must continue their efforts to secure final success.

With the New Moratoria, There is Still Much Work Ahead to Permanently Retain School-Based Medicaid Billing. On June 30, 2008 President Bush signed into law H.R. 2642 which included moratoria on six rules published by the Centers for Medicare and Medicaid Services (CMS).These rules would have severely restricted Medicaid reimbursement for many health care programs across the country. H.R. 2642 precludes CMS from implementing any of the rules prior to April 1, 2009.

Amending the Americans with Disabilities Act: Potential Impact for School DistrictsOn December 28, 2007, the Centers for Medicare and Medicaid Services (CMS) published in the Federal Register its final rule 2287-F to eliminate Medicaid reimbursement for school-based administrative and transportation services.

Proposed Ferpa RegulationsThe U. S. Department of Education (USDE) is proposing new regulations that will make comprehensive changes to the federal government’s primary school privacy law.

Congress Continues Efforts to Delay Implementation of CMS RulesWithin the next few months, the Centers for Medicare and Medicaid Services (CMS) is expected to begin implementing several new rules that threaten the availability of Medicaid reimbursement for some services provided by school districts and other health care providers across the country.

CMS Proposes a Rule that Resricts the Administrative Appeals ProcessLegal Brief: January 29, 2008. On December 28, 2007, the Centers for Medicare and Medicaid Services (CMS) published a proposed rule that significantly modifies the current Medicaid administrative appeals process available to state Medicaid agencies and providers to resolve disputes with CMS.