On December 27, 2024, the U.S. Department of Education (USDE) withdrew a proposed federal rule that supporters said would have made it easier for schools to be reimbursed for school-based Medicaid services. It was seen as a way to reduce schools’ paperwork burdens and increase reimbursements for the rendering of applicable in-school Medicaid services.

The proposed rule, first issued in May 2023, recommended a rare amendment under the Individuals with Disabilities Education Act, which guarantees that students with disabilities receive supports for learning and related services. The rule also sought to eliminate an IDEA provision that requires one-time parental consent before schools file first-time invoices for school-based specialized services for children eligible for public benefits under Medicaid, the Children’s Health Insurance Program, or other public insurance and benefits programs. No other parental consent procedure under IDEA would have been affected. 

In addition, USDE leadership will change with the January 20th inauguration and it is unknown what the tenor would be for making such a rule change.

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At a December 13, 2024 U.S. Commission on Civil Rights’ listening session, those testifying lamented the adverse effects brought on by the highly qualified special education teacher shortage crisis. In his testimony, Aaron Parsons, public policy chair for the National Association of Private Special Education Centers, said that if the situation persists, “[T]he impact will be profound. Students with disabilities may face increased dependency, reduced opportunities for employment, greater social isolation, and in turn, this will place a greater burden on social services and the broader community.” As a result, Parsons suggested prioritizing recruitment and retention of special educators through competitive salaries and comprehensive training programs.

The session followed up on a Nov. 15 briefing where panelists shared recommendations for increasing the special education workforce, including salary increases, reduced paperwork, expanded school choice, and robust teacher career pipelines. 

The commission plans to issue a report on the topic to the president and Congress in the latter half of 2025.

Source: K-12 Dive

The U.S. Department of Education’s (USDE) Office for Civil Rights (OCR) has released a new resource outlining 21 examples of how artificial intelligence (AI) could contribute to discrimination in schools and colleges based on race, color or natural origin, sex or disability. The resource clarifies for school leaders how existing legal requirements apply to AI technology to help schools and colleges ensure their use of AI does not violate federal civil rights protections.

The OCR resource points out that some scenarios could be considered discriminatory without AI, but they may also “be compounded by its use.” It also asserts that the examples provided are “illustrative” and “non-exhaustive” and would not determine the outcome of any future OCR investigations.

In addition, the resource in essence puts school districts and education agencies on notice that they cannot plead ignorance regarding this issue and that OCR clearly plans to view AI use in light of civil rights laws.

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To access additional AI resources from USDE including an AI toolkit titled Empowering Education Leaders: A Toolkit for Safe, Ethical, and Equitable AI Integration, click here.

In light of an expected mass deportation of undocumented immigrants by the incoming administration, many school districts are examining their policies and protocols. School districts are also stepping up efforts to help ensure that staff and the public are aware of the U.S. Department of Homeland Security’s policy designating schools as a “protected area.,” which means that DHS, which includes U.S. Immigration and Customs Enforcement (ICE), should refrain from conducting enforcement actions “to the fullest extent possible.” Protected areas also include places where children gather, such as playgrounds, recreation centers, childcare centers and school bus stops, according to the policy.

Some schools are also making sure that their internal and external publics are made aware of the June 1982 U.S. Supreme Court ruling in Plyler v. Doe, a landmark decision holding that states cannot constitutionally deny students a free public education on account of their immigration status.

Such steps are being taken to help ensure clarity regarding how undocumented immigrant children are to be treated should issues arise.

Source: K-12 Dive, click here.