Federal Regulations

Resources

• FERPA privacy regulations finalized [HTML 2,354kb]
  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 [HTML 2,441kb]
  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 [HTML 2,376kb]
  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 [HTML 3,042kb]
  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 [HTML 1,841kb]
  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 [HTML 1,084kb]
  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 [HTML 1,749kb]
  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 [HTML 1,550kb]
  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 [HTML 2,104kb]
  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 [HTML 3,045kb]
  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 [HTML 1,088kb]
  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 [HTML 2,009kb]
  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 [HTML 2,382kb]
  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 [HTML 928kb]
  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 [HTML 2,116kb]
  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 [HTML 3,215kb]
  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 [HTML 1,206kb]
  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 [HTML 1,183kb]
  The Department of Labor has issued proposed rules related to the Family Medical Leave Act (FMLA).
  
• Disabled students and accelerated programs [HTML 1,160kb]
  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 [HTML 2,066kb]
  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 [HTML 1,502kb]
  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 [HTML 1,353kb]
  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 [HTML 1,485kb]
  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.
  
• Employment Eligibility [HTML 1,932kb]
  Citizenship and Immigration Services (USCIS) has issued a revised Employment Eligibility Verification Form (I-9).
  
• E-Rate fraud [HTML 2,284kb]
  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 [HTML 2,557kb]
  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 [HTML 2,295kb]
  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 [HTML 1,579kb]
  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 [HTML 1,601kb]
  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 [HTML 1,340kb]
  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 [HTML 2,265kb]
  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 [HTML 1,239kb]
  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 [HTML 1,622kb]
  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 [HTML 2,528kb]
  The Internal Revenue Service (IRS) has issued final regulations regarding Form W-4, the “Employee’s Withholding Allowance Certificate.”
  
• Foreign trainees and interns [HTML 1,615kb]
  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 [HTML 1,631kb]
  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 [HTML 1,939kb]
  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 [HTML 1,402kb]
  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 [HTML 1,458kb]
  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 [HTML 2,221kb]
  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 [HTML 2,681kb]
  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 [HTML 1,524kb]
  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 [HTML 2,222kb]
  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 [HTML 1,696kb]
  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 [HTML 1,071kb]
  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 [HTML 1,814kb]
  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 [HTML 1,346kb]
• Pandemic Planning [HTML 1,178kb]
  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.