Federal Regulations

This section of NSBA's School Law website covers Federal Regulations affecting schools. Each item features a summary on the regulation with links to Federal Register notices, due dates for comments, effective dates, and, in some instances, NSBA comments or related articles. This service makes it easy to follow federal regulatory developments. Council of School Attorneys members and State Association staff can also sign up for the e-newsletter.

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Additional Resources

IRS Proposed Rule for Shared Responsibility for Employers Regarding Health Coverage
The National School Boards Association (NSBA) offers the following comments to the proposed rule, Shared Responsibility for Employers Regarding Health Coverage, REG-138006-12, issued by the Internal Revenue Service (IRS) on January 2, 2013. NSBA appreciates the opportunity to share with the IRS: (1) the perhaps unanticipated impact certain provisions of the proposed rule may have as public school districts across the country wrestle with questions about which service hours of various categories of staff members are to be included in the full-time equivalent employee counts for “large employer” determinations; and (2) the need for clarification in some before the rule becomes final to minimize any adverse impact on the nation’s schools and students’ educational outcomes.

Family Educational Rights and Privacy Act
The Department of Education (ED) has issued final regulations regarding the Family Educational Rights and Privacy Act (FERPA).

Applications for New Awards: Upward Bound Math and Science Program
The Upward Bound (UB) Program is one of the seven programs known as the Federal TRIO Programs, which provide postsecondary educational support for qualified individuals from disadvantaged backgrounds.

Temporary Non-Agricultural Employment of H-2B Aliens in the United States
The Department of Labor (DOL) is providing notice of the judicial order enjoining DOL from implementing and enforcing the final rule (the 2012 H–2B Final Rule) for the temporary non-agricultural employment of H–2B aliens that was published on February 21, 2012. The 2012 H–2B Final Rule revised the requirements by which employers seeking H–2B workers must apply for a temporary labor certification for use in petitioning the Department of Homeland Security (DHS) to employ a non-immigrant worker in H–2B status.

Certification of Compliance with Meal Requirements for the National School Lunch Program Under the Healthy, Hunger-Free Kids Act of 2010
This interim rule amends the National School Lunch Program regulations to conform to requirements contained in the Healthy, Hunger-Free Kids Act of 2010 regarding performance-based cash assistance for school food authorities certified compliant with meal pattern and nutrition standards.

Occupational Injury and Illness Recording and Reporting Requirements
Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a proposed rule regarding, among other things, requiring employers to notify OSHA of work-related fatalities and in-patient hospitalizations.

Investing in Innovation Fund
The Department of Education’s (ED) Office of Innovation and Improvement released its final revisions to the priorities, requirements, and selection criteria for the Investing in Innovation Fund (i3) program. Grants will be available in three categories, with a maximum of two grants available for each applicant in a single year.

Americans with Disabilities Act Final Regulations
The Equal Employment Opportunity Commission (EEOC) has issued final Americans with Disabilities Act (ADA) regulations and accompanying interpretive guidance to implement the ADA Amendments Act of 2008.

Medicare, Medicaid, and Children’s Health Insurance Programs
This final rule implements provisions of the Affordable Care Act that establish the following: procedures under which screening is conducted for providers of medical or other services and suppliers in the Medicare and Medicaid programs and Children’s Health Insurance Program (CHIP); an application fee imposed on institutional providers and suppliers; temporary moratoria that may be imposed if necessary to prevent or combat fraud, waste, and abuse under Medicare, Medicaid, and CHIP; guidance for states regarding termination of providers from Medicare, Medicaid, and CHIP; and requirements for suspension of payments pending credible allegations of fraud in the Medicare and Medicaid programs.

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