Rulemaking Ramps Up Soon
This rulemaking is likely prompted by House Bill (HB) 2 of the 89th Legislature. For instance, HB 2 modified the Noneducational Community Based Support Services grants to be parent-directed grants, removing the school district as a “middle-man.”
HB 2 also defined a "special education classroom or other special education setting" as a classroom or setting primarily used for delivering special education services to students who spend on average less than 50 percent of an instructional day in a general education classroom or setting. This definition will likely impact the video surveillance rules.
Proposed rules are available on the Proposed Commissioner of Education Rules webpage, which includes a link for submitting comments.
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Lawmakers Object to USDE Mass Layoffs
The layoff claims come amid larger legal battles over staffing reductions across federal agencies during the shutdown. A federal judge, Susan Illston of the U.S. District Court for the Northern District of California, issued a preliminary injunction on Oct. 28 blocking most new RIF notices and pausing the implementation of earlier ones tied to the shutdown. On Tuesday she issued a permanent injunction. The legal battle will likely continue on.
Labor unions representing federal workers have also sued Office of Management and Budget (OMB) and Office of Personnel Management (OPM), arguing that preparing or executing mass layoffs during an appropriations lapse violates long-standing law and tradition.
Advocates for students with disabilities say the staffing cuts at the Education Department undermine federally-mandated functions, including enforcement of the Individuals with Disabilities Education Act (IDEA) and other civil-rights obligations.
As the shutdown continues, lawmakers and employee representatives warn that the combination of furloughs, staffing reductions and legal uncertainty are putting federal services and vulnerable populations at risk.