Federal Regulations & Resources is a membership benefit of the National School Boards Association's Office of General Counsel and the NSBA Council of School Attorneys (COSA).
Federal Regulations and Resources
Federal Regulations & Resources is a membership benefit of the National School Boards Association's Office of General Counsel and the NSBA Council of School Attorneys (COSA). Federal Regulations & Resources does not provide legal advice. For information on how a regulation affects a particular school district contact your legal counsel.

Federal Regulations

  1. ★Title I -- Improving the Academic Achievement of the Disadvantaged -- Academic Assessments★
  2. ★Elementary and Secondary Education Act of 1965, as Amended by the Every Student Succeeds Act -- Innovative Assessment Demonstration Authority★
  3. ★Elementary and Secondary Education Act of 1965, As Amended by the Every Student Succeeds Act -- Accountability and State Plans/Department of Education★
  4. Title I - Improving the Academic Achievement of the Disadvantaged - Migrant Education Program
  5. Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, Computer, and Highly Compensated Employees
  6. Regulations Under the Americans with Disabilities Act
  7. Genetic Information Nondiscrimination Act (GINA)

Federal Resources

  1. K-12 Education:  Better Use of Information Could Help Agencies Identify Disparities and Address Racial Discrimination

Briefly Noted

  1. Hampton City Schools (VA) and Education Department Settle Case of Retaliation Against Mom Who Advocated for Daughter
  2. Education Department Reaches Eleven Total Settlements in Seven States and One Territory to Ensure Website Accessibility for People with Disabilities
  3. Education Department Announces New Tools to Support Successful Reentry for Formerly Incarcerated Youth and Adults
  4. Oklahoma City Public Schools (OK) and Education Department Reach Settlement to Address Disproportionate Discipline of Black Students
  5. Education Department Issues Guidance for Schools on Leveraging Federal Funding to Support STEM Education
  6. Education Department Releases Resources on Improving School Climate
  7. Education Department Issues Guidelines for McKinney-Vento Education for Homeless Children and Youth Program
  8. U.S. Departments of Education and Health & Human Services Release Joint Guidance on Foster Youth
  9. Education Department Reaches Settlement with Dorchester County School District Two (SC) Over Transgender Discrimination
  10. Education Department Releases Guidance on Gender Equity in Career and Technical Education
  11. Justice and Education Departments Release Joint Guidance to Help Schools Ensure the Civil Rights of Transgender Students
  12. Justice and Education Departments Reach Voluntary Settlement with Arizona Department of Education to Meet the Needs of English Language Learner Students
  13. Justice Department Sues Palm Beach County School Board (FL) for Discriminating Against Pregnant Employee
  14. EEOC Issues New Resource Documents Addressing Equal Pay and Pregnancy Discrimination
  15. EEOC Issues New Resource Document Addressing Issues Related to Employer-Provided Leave and Disability
  16. EEOC Launches Online Charge Status System: Agency Continues to Expand Digital Services
  17. USDA Releases Memorandum on Ensuring Access to Free and Reduced Price School Meals for Low-Income Students
  18. USDA Issues “Questions & Answers (Q&As) on the Final Rule ‘Professional Standards for State and Local School Nutrition Programs Personnel as Required by the Healthy, Hunger-Free Kids Act of 2010”
  19. USDA Releases Memorandum on Meaningful Access for Persons with Limited English Proficiency (LEP) in the School Meal Programs: Guidance and Q&As
  20. USDA Releases School Year 2016-2017 Foods Available Lists

Federal Regulations

Title I -- Improving the Academic Achievement of the Disadvantaged -- Academic Assessments

Department of Education/Proposed Rule

To implement the changes made by the Every Student Succeeds Act (ESSA) with regards to assessments, the U.S. Department of Education (ED) is proposing regulations to amend the current requirements for assessments under Title I.  In particular, ESSA added new exceptions to allow a State to approve its local educational agencies (LEAs) to administer a locally selected, nationally recognized high school academic assessment, to reduce the burden of unnecessary testing, and to allow a State to avoid double-testing eighth graders taking advanced mathematics coursework.  ESSA also imposed a cap to limit to 1.0% of the total student population the number of students with the most significant cognitive disabilities to whom the State may administer an alternate assessment aligned with alternate academic achievement standards in each assessed subject area.  ESSA included special considerations for computer-adaptive assessments.  Finally, ESSA amended the provisions related to assessing English learners in their native language. Comments Due:  September 9, 2016.
 

Elementary and Secondary Education Act of 1965, as Amended by the Every Student Succeeds Act -- Innovative Assessment Demonstration Authority

Department of Education/Proposed Rule

Among many other changes to No Child Left Behind, ESSA includes in Title I, Part B a new demonstration authority under which an SEA or consortium of SEAs that meets certain application requirements may establish, operate, and evaluate an innovative assessment, including for use in the State accountability system, with the goal of using the innovative assessment after the demonstration authority ends to meet the academic assessment and statewide accountability system requirements under Title I, Part A of the ESEA.  ED proposes these regulations to provide clarity to SEAs regarding the requirements for applying for and implementing innovative assessment demonstration authority. These regulations will also help to ensure that SEAs provided this authority can develop and administer high-quality, valid, and reliable assessments that measure student mastery of challenging State academic standards, improve the design and delivery of large-scale assessments, and better inform classroom instruction, ultimately leading to improved academic outcomes for all students. Comments Due:  September 9, 2016.
 
 

Elementary and Secondary Education Act of 1965, As Amended by the Every Student Succeeds Act -- Accountability and State Plans

Department of Education/Proposed Rule

ED proposes these regulations regarding accountability plans States must develop that are to be based on multiple measures.  The proposed regulations also contain language modifying and expanding requirements for SEA and LEA report cards, by adding more categories of information to be collected and reported, and adding three new student subgroups (foster care students, homeless students, and students with a family member in the military).  The proposed rule also address consolidated States plans for covered programs. Comments Due:  August 1, 2016.
 
 

Title I - Improving the Academic Achievement of the Disadvantaged - Migrant Education Program

Department of Education/Final Rule

ED is issuing this final rule to implement the Migrant Student Information Exchange (MSIX), a nationwide, electronic records exchange mechanism mandated under Title I, Part C, of the ESEA.  As a condition of receiving a grant of funds under the Migrant Education Program (MEP), each SEA must collect, maintain, and submit minimum educational and health information to MSIX within established time frames.  This final rule is designed to facilitate timely school enrollment, grade and course placement, accrual of secondary course credits, and participation in the MEP for migratory children. Additionally, the final rule ultimately will help ED determine more accurate migratory child counts and meet other MEP reporting requirements.

Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, Computer, and Highly Compensated Employees

Department of Labor/Final Rule

The Department of Labor (DOL) issues this final rule revising its regulations under the FLSA implementing the exemption from minimum wage and overtime pay for executive, administrative, professional, outside sales, computer, and highly compensated employees.  In this final rule, DOL updates the standard salary level and total annual compensation requirements to more effectively distinguish between overtime-eligible white collar employees and those who may be exempt.  DOL has set the standard salary level for non-highly-compensated exempt employees at the 40th percentile of weekly earnings of full-time salaried workers in the lowest-wage Census Region.  DOL also sets the total annual compensation requirement for an exempt Highly Compensated Employee (HCE) equal to the annualized weekly earnings of the 90th percentile of full-time salaried workers nationally.  DOL also adds a provision to the regulations that automatically updates the standard salary level and HCE compensation requirements every three years by maintaining the earnings percentiles set in this final rule to prevent these thresholds from becoming outdated.

Regulations Under the Americans with Disabilities Act

Equal Employment Opportunity Commission/Final Rule

The Equal Employment Opportunity Commission (EEOC) issues this final rule to amend its  regulations and interpretive guidance implementing Title I of the Americans with Disabilities Act (ADA) to provide guidance on the extent to which employers may use incentives to encourage employees to participate in wellness programs that ask them to respond to disability-related inquiries and/or undergo medical examinations.  This final rule applies to all wellness programs that include disability-related inquiries and/or medical examinations whether they are offered only to employees enrolled in an employer-sponsored group health plan, offered to all employees regardless of whether they are enrolled in such a plan, or offered as a benefit of employment by employers that do not sponsor a group health plan or group health insurance.

Genetic Information Nondiscrimination Act (GINA)

Equal Employment Opportunity Commission/Final Rule

The EEOC issues this final rule to amend the regulations implementing Title II of the Genetic Information Nondiscrimination Act of 2008 as they relate to employer-sponsored wellness programs. This final rule addresses the extent to which an employer may offer an inducement to an employee for the employee’s spouse to provide information about the spouse’s manifestation of disease or disorder as part of a health risk assessment (HRA) administered in connection with an employer-sponsored wellness program.  Several technical changes to the existing regulations are included.

Federal Resources

K-12 Education:  Better Use of Information Could Help Agencies Identify Disparities and Address Racial Discrimination

General Accounting Office/Report

Through the U.S. Department of Education’s (ED) Civil Rights Data Collection, public schools nationwide submit data responsive to numerous and detailed inquiries about a wide range of categories, such as student demographics, student discipline, curriculum, staff support, etc.  Based on reported disproportionalities in academic course offerings, rates of grade retention, and disciplinary measures imposed for infractions, GAO reviewed ED’s civil rights data,  GAO examined (1) how the percentage of schools with high percentages of poor and Black or Hispanic students has changed over time and the characteristics of these schools, (2) why and how selected school districts have implemented actions to increase student diversity, and (3) the extent to which the Departments of Education and Justice have taken actions to identify and address issues related to racial discrimination in schools.

Briefly Noted

 

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Federal Regulations Staff

Leza Conliffe: Senior Staff Attorney, Editor
Tom Burns: Legal Research Specialist
 
 

About

Federal Regulations & Resources provides information about federal regulations and other guidance affecting school districts.
 

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