Federal Regulations Archive

An archive of Federal Regulations affecting schools.
 

Additional Resources

Race to the Top Interim Final Requirements
The Department of Education (ED) has amended the final requirements for the Race to the Top fund. The Race to the Top Fund notice inviting applicants (NIA) for fiscal year 2010, published on November 18, 2009, provided two application deadlines: Phase 1, due January 19, 2010, and Phase 2, due June 1, 2010.

Schools and Libraries Universal Support Services Mechanism
The Federal Communications Commission (FCC) has proposed revising the rules regarding the schools and libraries universal support mechanism, known as the E-rate program.

Family Educational Rights and Privacy Act and H1N1 Influenza
The Department of Education (ED) has issued guidance for school officials on the Family Educational Rights and Privacy Act (FERPA) and H1N1. The guidance addresses concerns that school officials may have about disclosing personally identifiable information about students in the event of an outbreak of H1N1 influenza in their schools.

State Fiscal Stabilization Fund Program
The Department of Education (ED) has issued the final rule and application requirements for the final $11.5 billion available under the State Fiscal Stabilization Fund Program (SFSF) authorized by the American Recovery and Reinvestment Act of 2009 (ARRA).

Race to the Top Fund
The Department of Education (ED) has released the final priorities, requirements, definitions and selection criteria for the $4.3 billion Race to the Top Fund. A competitive grant program, the Fund will benefit states that have raised student achievement in the past and have the capacity to continue to do so through implementing innovative education reform strategies around the four areas of education reform outlined in the American Recovery and Reinvestment Act of 2009 (ARRA).

Continuity of learning during student absence and school dismissals
The Department of Education (ED) has released recommendations to assist school districts in maintaining continuity of learning in the event of extended student absence or school dismissals in response to influenza.

HIPAA Administrative Simplification
The Department of Health and Human Services (HHS) has proposed to modify provisions of the Standards for Privacy of Individually Identifiable Health Information issued under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

ED seeks advice from experts on improving assessments
The Department of Education (ED) will hold a series of public meetings to learn from assessment experts and practitioners. The Secretary of Education (Secretary) is holding these meetings in order to seek input relating to the development of a Race to the Top Assessment Competition.

ED issues notice of Investing in Innovation fund
The Department of Education (ED) has released details about the proposed priorities, requirements, and selection criteria for the $650 million Investing in Innovation, or i3, fund. The Secretary of Education (Secretary) may use these requirements for competitions of the i3 fund in fiscal year 2010 and subsequent years.

Regulations to implement the equal employment provisions of the Americans With Disabilities Act, as amended
The Equal Employment Opportunity Commission (EEOC) proposes to revise its Americans with Disabilities Act (ADA) regulations and accompanying interpretive guidance in order to implement the ADA Amendments Act of 2008.

U.S. Department of Education issues annual FERPA & PPRA notices
US Ed has issued its annual notice to SEAs and LEAs of their responsibilities under the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA).

Guidance on flexibility and waivers for SEAs, LEAs, postsecondary institutions, and other grantee and program participants in responding to pandemic influenza (H1N1 Virus)
The US Department of Education has issued guidance that discusses waivers from federal education requirements that may provide state or local educational institutions with the operational flexibility necessary to efficiently close schools and otherwise respond to the administrative challenges presented by a potential H1N1 outbreak such as: prolonged school closures, excessive absenteeism, or other disruptions in the regular delivery of educational services to students for a prolonged period of time.

School Improvement Grants
New School improvement grants will be issued to help low performing schools nationwide. In order to identify which schools and LEA’s most need these funds, the Secretary of Education will require each State Education Agency (SEA) to identify three tiers of Title I schools.

Individuals with Disabilities Education Act Guidance
The Department of Education has issued guidance in the form of FAQs regarding key aspects of the Individuals with Disabilities Education Act (IDEA).

Department of State issues notice of proposed rulemaking on screening host families of foreign exchange students
The Department of State (DOS) has issued an advance notice of proposed rulemaking (ANPRM) seeking information on alternative and more specific means of screening potential host families of foreign exchange students.

Duncan calls on states to review policies on seclusion and restraint in schools
U.S. Secretary of Education Arne Duncan has sent a letter to all chief state school officers encouraging each state to review their current policies and guidelines regarding the use of restraints and seclusion techniques in schools and if appropriate develop or revise them to ensure the safety of students.

ED issues ARRA guidance on waivers of Title I requirements and IDEA funding, announces ARRA web conferences
The U.S. Department of Education (ED) has (1) issued draft guidance regarding waivers under ARRA of certain NCLB requirements, of Title I, Part A rules, and of “maintenance of effort” (MOE) rules; (2) issued guidance on stimulus funding and MOE requirements under Part B of the Individuals with Disabilities Education Act (IDEA); and (3) announced a series of technical assistance web conferences on ARRA implementation.

FTA withdraws controversial proposed rule on bus routes, for now
The Federal Transit Administration (FTA) has withdrawn its proposed rule on school bus operations because of a “public misperception” that FTA was attempting to restrict opportunities for grantees, when according to FTA, it was attempting to allow grantees to provide service historically allowed.

EEOC issues guidance on discrimination against employees with caregiving responsibilities
The Equal Employment Opportunity Commission (EEOC) has issued a technical assistance document entitled Employer Best Practices for Workers with Caregiving Responsibilities, which supplements a 2007 guidance document, Unlawful Disparate Treatment of Workers with Caregiving Responsibilities, that examined how federal anti-discrimination laws apply to workers with caregiving responsibilities.

EPA to monitor air quality near schools
As part of a new air toxics monitoring initiative, the Environmental Protection Agency (EPA), state, and local air pollution control agencies will monitor the outdoor air around selected schools for toxic air pollutants.

HHS to rescind rule cutting Medicaid reimbursement for schools
The Department of Health and Human Services (HHS) has issued a proposed rescission of its December 2007 final rule that would have prohibited federal reimbursement for Individuals with Disabilities Education Act (IDEA)-related administrative and transportation costs for Medicaid-eligible students.

IRS issues 403(b) prototype plans and sample language
The Internal Revenue Service (IRS) has issued a draft revenue procedure which establishes a pre-approval program of prototype plans under 403(b).

Federal agencies provide COBRA subsidy guidance
The American Recovery and Reinvestment Act of 2009 provides for a 65% reduction in Consolidated Omnibus Budget Reconciliation Act (COBRA) premiums for up to nine months for those eligible for COBRA coverage who are involuntarily terminated between September 1, 2008, and December 31, 2009.

OCR revises 504 FAQs in light of ADAAA
The U.S. Department of Education’s (ED) Office for Civil Rights (OCR) has issued a revised frequently asked questions (FAQ) document for the purpose of clarifying the requirements of Section 504 of the Rehabilitation Act of 1973 (Section 504) in the area of public elementary and secondary education.

Guidance on COBRA changes issued
The Department of Labor (DOL) has created a website that includes frequently asked questions for employers about the Consolidated Omnibus Budget Reconciliation Act (COBRA) premium reduction under the American Recovery and Reinvestment Act of 2009 (ARRA), as well as COBRA AARA model notices.

New rules, forms for employment eligibility verification
The Department of Homeland Security is amending its regulations governing the types of acceptable identity and employment authorization documents that employees may present for completion of the Form I–9, Employment Eligibility Verification.

ED seeks FERPA input on disclosures to state auditors
The Department of Education (ED) seeks comments concerning the disclosure of education records without consent to state auditors under the Family Educational Rights and Privacy Act (FERPA).

NCLB guidance on graduation rates issued
The U.S. Department of Education (ED) has issued non-regulatory guidance on its recently published regulations regarding the “other academic indicators” that states use in defining “adequate yearly progress” (AYP) under the No Child Left Behind Act (NCLB).

IRS extends deadline on plans for 403(b) plans
The Internal Revenue Service (IRS) has issued a notice granting public schools and tax-exempt organizations an extension on time to complete written plans governing their 403(b) employee retirement plans.

Rules clarified on federal property and Federal Impact Aid
The Department of Education has amended regulations governing the Impact Aid program under the No Child Left Behind Act.

Feds issue HIPAA and FERPA FAQs on student records
The U.S. Department of Health and Human Services (HHS) and the U.S. Department of Education (ED) have issued a joint guidance on the application of the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to student health records.

OSERS finalizes IDEA regulations
The Office of Special Education and Rehabilitative Services (OSERS) of the Department of Education (ED) has issued final regulations governing the Assistance to States for Education of Children with Disabilities Program and the Preschool Grants for Children with Disabilities Program.

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

FTA finalizes controversial interpretation of transit funding rules
The Federal Transit Administration (FTA) has finalized a proposed policy statement on public transit “tripper service,” which is open to the general public but which also accommodates the needs of students.

FCC seeks comments on oversight of E-Rate program
The Federal Communications Commission (FCC) has released a Notice of Inquiry on proposed measures to strengthen the management, administration, and oversight of the federal Universal Service Fund (USF), how to define its goals more clearly, and to identify any additional quantifiable performance measures that may be necessary or desirable.

Feds issue guidance on athletic activities counted for Title IX compliance
The U.S. Department of Education’s Office for Civil Rights (OCR) has issued guidance regarding intercollegiate or interscholastic athletic activities that can be counted for the purpose of Title IX compliance.

NSBA submits comments on proposed IDEA regulations
NSBA, with input from COSA members, has submitted comments to the Office of Special Education and Rehabilitation Services (OSERS) on its proposed regulations governing the Assistance to States for the Education of Children with Disabilities Program and Preschool Grants for Children with Disabilities Program under the Individuals with Disabilities Education Act (IDEA).

National Guidelines for Sex Offender Registration and Notification
The Office of the Attorney General has issued guidelines to interpret and implement Title I of the Adam Walsh Child Protection and Safety Act of 2006, the Sex Offender Registration and Notification Act (SORNA).

Nondiscrimination on the Basis of Disability
The Department of Justice (DOJ) has issued a proposed rule to adopt enforceable accessibility standards under the Americans with Disabilities Act (ADA).

Interim Guidance on the Application of § 457(f) and 409A to Certain Recurring Part-Year Compensation
Notice 2008-62 describes regulations IRS intends to propose under § 409A which will make the requirements of § 409A not apply to public school employees who work over 10 months and are paid over 12 months in most instances.

NSBA submits formal comments on NCLB regulations
NSBA has submitted formal comments to the U.S. Department of Education (ED) on its proposed regulations under Part A of Title I of the Elementary and Secondary Education Act, in its most recent iteration as the No Child Left Behind Act (NCLB).

NSBA comments on public transit and school bus routes
NSBA has joined with the American Public Transportation Association (APTA), the American Association of School Administrators (AASA), the Council of the Great City Schools (CGCS), and the National Association of Secondary School Principals (NASSP) in submitting a letter commenting on a Federal Transit Administration (FTA) proposed policy statement on public transit system “tripper service.”

National School Lunch Program
The Department of Agriculture (USDA) is soliciting public comments to help the department prepare for the 2009 legislative reauthorization of the Child Nutrition Programs, including the School Lunch and School Breakfast programs, and the Special Supplemental Nutrition Program for Women, Infants and Children (WIC).

Department of Defense adopts new restrictions that may affect military reservist school board members
Stuart Knade, Chief Counsel of the Pennsylvania School Boards Association and a Lieutenant Colonel in the Army Reserve, calls our attention to recent legal changes that may affect school board members who serve in the military reserves, including the National Guard.

Department of Education interprets rules for Title III accountability for limited English proficient students
The Department of Education (ED) has proposed interpretations of certain provisions of Title III of the Elementary and Secondary Education Act (ESEA) as amended by the No Child Left Behind Act (NCLB) relating to the English language proficiency assessments for limited English proficient (LEP) students, Title III annual measurable achievement objectives (AMAOs) for such students, and Title III accountability provisions.

FERPA privacy regulations
NSBA has filed comments regarding the U.S. Department of Education’s (ED) proposed regulations that address a range of issues under the Family Educational Rights & Privacy Act (FERPA).

Department of Homeland Security answers court ruling with proposed regulations for employers on immigration and “no match” letters
The Department of Homeland Security (DHS) is proposing to amend its regulations that provide a "safe harbor" from liability under the Immigration and Nationality Act for employers who follow certain procedures after receiving a "no-match letter" from the Social Security Administration (SSA).

Proposed Family Education Rights and Privacy Act regulations
The Department of Education (ED) has issued proposed regulations addressing a range of issues under the Family Education Rights and Privacy Act (FERPA), the primary federal law governing privacy of student records in schools that receive federal funds.

Dismissal of Title VII and ADA cases
The Equal Employment Opportunity Commission (EEOC) is amending its procedural regulations to eliminate three bases for dismissing charges under Title VII and the Americans with Disabilities Act.

Family and Medical Leave Act changes
The Department of Labor has issued proposed rules related to the Family Medical Leave Act (FMLA).

Disabled students and accelerated programs
The Department of Education’s Office for Civil Rights (OCR) has issued a “Dear Colleague” letter warning that the practice of not allowing qualified students with disabilities to participate in Advanced Placement and International Baccalaureate classes or programs or requiring them to give up services to participate violates both Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act.

EEOC allows employers to adopt a wide range of retiree health plan designs
The Equal Employment Opportunity Commission (EEOC) has issued a final rule that allows employers to adopt a wide range of retiree health plan designs, such as Medicare bridge plans and Medicare wrap-around plans, without violating the Age Discrimination in Employment Act (ADEA).

CMS eliminates payment for school-based administrative and transportation activities
The Centers for Medicare & Medicaid (CMS) of the Department of Health and Human Services has issued a final rule eliminating federal Medicaid payment for the cost of certain school-based administrative and transportation activities.

School Bus Seat Belts
Based on the results of a bus research program detailed in a 2002 National Highway Traffic Safety Administration (NHTSA) report that examined ways to further improve school bus safety, the Department of Transportation (DOT) is proposing several upgrades to the school passenger crash protection requirements.

403(b) plans
The Internal Revenue Service (IRS) has issued a revenue procedure that provides model plan language school districts may use either to adopt or to amend their written Section 403(b) retirement plans to comply with the final 403(b) regulations the IRS issued in July of 2006.

E-Rate fraud
The Federal Communications Commission (FCC) has issued a final rule regarding measures to safeguard the Universal Service Fund (USF) from waste, fraud, and abuse.

School Choice and Supplemental Services
The U.S. Department of Education (ED) has issued a new publication entitled Giving Parents Options: Strategies for Informing Parents and Implementing Public School Choice and Supplemental Education Services Under No Child Left Behind (NCLB).

Medicaid reimbursement
The Centers for Medicare and Medicaid (CMS) of the Department of Health and Human Services (HHS) has issued a proposed rule that would eliminate federal Medicaid payments for administrative activities performed by school districts and transportation from home to school and back for school-aged children with individualized education programs (IEPs) established pursuant to the Individuals with Disabilities Education Act.

Supplemental Educational Services & FERPA
The Department of Education’s Office of Innovation and Improvement has sent a letter to a school district, below, indicating that the federal Family Educational Rights and Privacy Act (FERPA) does not prohibit Supplemental Educational Services (SES) providers from using contact information for parents of students they previously served to contact those parents again regarding their services.

Illegal immigrants and “no-match” letters
The Department of Homeland Security’s (DHS) Immigration and Customs Enforcement has issued final regulations describing an employer’s obligations upon receiving a “no-match letter” from DHS or the Social Security Administration (SSA).

Employment discrimination against caregivers
The Equal Employment Opportunity Commission (EEOC) has issued enforcement guidance on the unlawful disparate treatment of workers who have caregiving responsibilities.

Deferred compensation of teachers
The Internal Revenue Service (IRS) has issued guidance clarifying that its deferred compensation regulations, adopted in April 2007, will not change how the pay of some teachers is taxed during the coming school year.

Afterschool snacks
The Food and Nutrition Service of the Department of Agriculture (USDA) has issued a final rule regarding afterschool snacks in the Child and Adult Care Food Program (CACFP).

Vehicle accident reporting
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has issued regulatory guidance regarding whether an explosion or fire in a commercial motor vehicle (CMV) that has not collided with other vehicles or stationary objects meets the definition of an “accident” under federal regulations, 46 C.F.R. § 390.5.

Internal Revenue Service - Employee’s Withholding Allowance Certificate
The Internal Revenue Service (IRS) has issued final regulations regarding Form W-4, the “Employee’s Withholding Allowance Certificate.”

Foreign trainees and interns
The Department of State has issued an interim final rule which will affect the Trainees and Interns section of the Exchange Visitor Program regulations.

Family Medical Leave Act
The Department of Labor (DOL) has issued a report summarizing the comments it received about the effectiveness of the Family Medical Leave Act (FMLA) regulations.

Age Discrimination in Employment Act
The Equal Employment Opportunity Commission (EEOC) has issued a final rule amending a regulation under the Age Discrimination in Employment Act (ADEA) to reflect the U.S. Supreme Court's decision interpreting the Act to permit employers to favor older workers because of age.

Seat Belts in School Buses
The National Highway Traffic Safety Administration (NHTSA) is having a public meeting to discuss whether seat belts should be mandated on large school buses.

Magnet Schools Assistance Program
The U.S. Department of Education (ED) has issued final rules regarding the selection criteria for the Magnet Schools Assistance Program (MSAP).

IDEA Part C – Infants & Toddlers
The U.S. Department of Education (ED) has issued proposed rules regarding the early intervention program for infants and toddlers with disabilities. The proposed regulations implement the changes made to Part C of the Individuals with Disabilities Education Act (IDEA) in 2004.

Testing Limited English Proficiency Students
The U.S. Department of Education (ED) has issued non-regulatory guidance on assessment and accountability for limited English proficiency (LEP) students under the No Child Left Behind Act (NCLB), as well as a notice requesting recommendations on developing a federal framework to consider in evaluating the quality of their standards and assessments for English language proficiency (ELP).

Department of Homeland Security: Alien Workers
The Department of Homeland Security (DHS) has issued final rules allowing an employer to file petitions for alien workers under the O nonimmigrant classification up to one year before the employer needs the worker’s services.

NCLB Alternative Assessments
The U.S. Department of Education (ED) has published final regulations under the No Child Left Behind Act on assessments of students with disabilities based on modified academic achievement standards that cover grade-level content.

Unemployment Compensation
In January the Department of Labor (DOL) issued final regulations addressing the “able and available” for work (A&A) requirements that apply to a state’s payment of unemployment compensation (UC).

H-1B visas
On April 3, 2007, the U.S. Citizenship & Immigration Services (USCIS) announced it had received enough H-1B visa petitions to meet the cap on such visas for fiscal year 2008, which begins on October 1, 2007.

School Resource Officers
In a recent opinion letter, below, the Department of Labor (DOL) concluded that a school resource officer (SRO) qualified for the administrative exemption under the Fair Labor Standards Act (FLSA).

Single-sex Programs

Pandemic Planning
The Centers for Disease Control and Prevention (CDC) has released an interim pre-pandemic planning guidance document, titled “Community Strategy for Pandemic Influenza Mitigation in the United States,” below, that includes a planning guide for elementary and secondary schools.

 
 
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