News

US DEPARTMENT OF EDUCATION SUBMITS IDEA AND 504 WAIVER RECOMMENDATIONS TO CONGRESS

 

On April 27, 2020, the United States Department of Education (“DOE”) submitted recommendations to Congress regarding provisions of the law that it believes that states should have the authority to waive.

 

Laws addressed in the report include the Carl D. Perkins Career and Technical Education Act of 2006, the Adult Education and Family Literacy Act, the Elementary and Secondary Education Act of 1965, the IDEA, and Section 504 of the Rehabilitation Act. This client advisory only addresses the DOE’s discussion of waiver authority pursuant to the IDEA and Section 504; however, the entire text of the report can be found here:

https://www2.ed.gov/documents/coronavirus/cares-waiver-report.pdf

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Latest News

Statutory Regulations Released for Interagency Review of Complex Cases

On March 1, 2024, EOHHS and DESE released the long-awaited, final adoption of the regulations governing the Interagency Review of Complex Cases (published as 101 CMR 27.00). These regulations had been anticipated since the Massachusetts Legislature passed “An Act Addressing Barriers to Care for Mental Health” in August, 2022. The purpose of the law is the establishment of a team that will collaborate on complex cases where there is an urgent need to address a lack of consensus between state agencies about the service needs or placement of an individual. This replaces what was known as the Unified Planning Team, or “UPT”. The co-chairs of the IRT will be the secretary (or a designee) from EOHHS and the commissioner (or a designee) of DESE.

Legal Updates

Statutory Regulations Released for Interagency Review of Complex Cases

On March 1, 2024, EOHHS and DESE released the long-awaited, final adoption of the regulations governing the Interagency Review of Complex Cases (published as 101 CMR 27.00). These regulations had been anticipated since the Massachusetts Legislature passed “An Act Addressing Barriers to Care for Mental Health” in August, 2022. The purpose of the law is the establishment of a team that will collaborate on complex cases where there is an urgent need to address a lack of consensus between state agencies about the service needs or placement of an individual. This replaces what was known as the Unified Planning Team, or “UPT”. The co-chairs of the IRT will be the secretary (or a designee) from EOHHS and the commissioner (or a designee) of DESE.

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