NSBA Legal Clips
Archived entries for Department of Education

Three more states receive NCLB waivers from U.S. Dep’t of ED

Alaska, Hawaii, and West Virginia have joined 37 other states and D.C. in obtaining waivers freeing them from many of the requirements of the federal No Child Left Behind Act (NCLB).

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Federal appellate court rules that U.S. Circuit Courts of Appeals have jurisdiction over state’s petition for review of ED’s determination regarding state’s request for a waiver from IDEA’s “maintenance of effort” requirement

A U.S. Court of Appeals for the Fourth Circuit (MD, NC, SC, VA, WV) three-judge panel has ruled that a U.S. Circuit Court of Appeals has jurisdiction to review a U.S. Department of Education determination regarding a state’s request for a waiver from its “maintenance of effort” requirement under the Individuals with Disabilities Education Act.

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Sua Sponte: U.S. Departments of Health and Human Services and Education issue letter to chief state school officers and child welfare directors re: The Uninterrupted Scholars Act amendments to FERPA

The U.S Department of Health and Human Services and Department of Education have issued a letter to Chief State School Officers and Child Welfare Directors regarding The Uninterrupted Scholars Act (USA) (Public Law 112-278), enacted on January 14, 2013, amending the Family Educational Rights and Privacy Act (FERPA).

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States with NCLB waivers wait for ED to approve teacher evaluation plans

Education Week reports that even though 34 states and the District of Columbia have No Child Left Behind Act waivers in hand, many of them are still negotiating with the U.S. Department of Education over their teacher-evaluation systems – a crucial component if they want to keep their new-found flexibility.

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DOJ joins whistle-blower suit charging New York City Dep’t of ED billed Medicaid for counseling services not provided to special needs students

Thomson Reuters News & Insight reports that the federal government has joined a whistle-blower lawsuit accusing the New York City Department of Education of billing Medicaid for psychological counseling services it falsely claimed to have provided to students with special needs.

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Arizona settles federal government complaint over identifying students as English language learners

The Republic reports the Arizona Department of Education has settled a complaint brought by the U.S. Departments of Justice and Education as a result of an investigation that revealed that tens of thousands of students were incorrectly identified as being fluent in English.

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New York City schools’ new student disciplinary code seeks to reduce number of suspensions

The New York Times reports that the New York City Department of Education has adopted a new student disciplinary code that seeks to reduce punishments keeping students out of the classroom.

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Education Department invites districts to apply for $400 Million in Race to the Top competition to support classroom-level reform efforts

In a press release reported in ED.gov, the U.S. Department of Education announced the availability of the application for the 2012 Race to the Top-District competition, which will provide nearly $400 million to support school districts in implementing local reforms that will personalize learning, close achievement gaps and take full advantage of 21st century tools that prepare each student for college and their careers.

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Advocacy groups’ complaint with South Carolina Department of Education charges local district with discriminatory treatment of disabled students

The Island Packet reports that the South Carolina Appleseed Legal Justice Center and the Southern Poverty Law Center filed a complaint with the South Carolina Department of Education alleging that the Beaufort County School District has denied special education services to disabled students, violating the federal Individuals with Disabilities Education Act, and subjected them to repeated suspensions and unnecessarily harsh discipline.

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Oklahoma education department posts online the records of students who filed appeals

The Tulsa World reports that the Oklahoma State Department of Education published online the educational records with personal information of 25 high school seniors.

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