Recent Alerts
Congress Expands FMLA for Military Families
On October 28, 2009, President Obama signed into law the Fiscal Year 2010 National Defense Authorization Act (H.R. 2647. This new law included an expansion of the recently-enacted exigency and caregiver leave provisions for military families under the Family and Medical Leave Act of 1993 (FMLA).
Current Law: Exigency leave - up to 12 weeks of leave for urgent needs related to a reservist family member’s (spouse, son, daughter, or parent) call to active service.
H.R. 2647 expands the exigency leave benefits to include family members of active duty service members. Under current law, only family members of National Guard and Reservists are eligible for “exigency leave.
Current Law: Caregiver leave - up to 26 weeks of unpaid leave to an employee to care for a family member (spouse, son, daughter, parent, or next of kin) who is injured while serving on active military duty.
H.R. 2647 expands the caregiver leave provision to include veterans who are undergoing medical treatment, recuperation or therapy for serious injury or illness that occurred any time during the five years preceding the date of treatment.
H.R. 2647 also revises the definition of "serious injury or illness" for active duty members and provides a slightly different definition for veterans. Both are now defined to include an injury or illness that existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the Armed Forces. And, for veterans, the definition further adds that the injury or illness may manifest itself before or after the member became a veteran.
To be eligible for the leave, employees must work in organizations of 50 or more employees and work at least 1,250 hours in a 12-month period. This law goes into effect immediately!
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2009 H1N1 Influenza School-Located Vaccination (SLV): Information for Planners
This resource provides information for planning and conducting school-located 2009 H1N1 influenza vaccination clinics that target school-aged children enrolled in school and potentially other groups in the community.
New H1N1 Resources for Early Education and Child Care 9.8.2009
The Centers for Disease Control have added a toolkit for Child Care and Early Childhood providers to provide information and communication resources to help center-based and home-based child care programs, Head Start programs, and other early childhood programs implement recommendations from CDC’s Guidance on Helping Child Care and Early Childhood Programs Respond to Influenza during the 2009–10 Influenza Season.
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U.S. Department of Education Updates State Regulation of Private Schools Report
The U.S. Department of Education’s Office of Non-Public Education (ONPE) has updated the report, State Regulation of Private Schools, which provides brief descriptions of state requirements that apply to K–12 private schools. The intent of the report is to serve as a reference for public and nonpublic school officials, state policy-makers, researchers, and others. This report is an update of the 2000 publications, which in turn was an update of the 1993 publication, The Regulation of Private Schools in America: A State by State Analysis.
Topics Included in the Report
- Accreditation/Registration/Licensing/Approval
- Teacher Certification
- Length of School Year/Days
- Curriculum
- Recordkeeping/Reports
- Health and Safety Requirements
- Transportation
- Textbooks
- Testing
- Special Education
- Nursing and Health
- Technology
- Professional Development
- Reimbursement for Performing State/Local Functions
- Tax Exemption
- Public Aid for Private Education
- Homeschooling
- Information Resources
In addition, charts summarizing key information from the report are included at the end of the report.
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New H1N1 Guidance and Information for Colleges and Universities 8.21.09
CDC Guidance for Responses to Influenza for Institutions of Higher Education during the 2009–10 Academic Year
CDC is releasing new guidance to help decrease the spread of flu among students, faculty, and staff of institutions of higher education (IHE) and post-secondary educational institutions during the 2009–10 academic year.
Communication Toolkit for Institutions of Higher Education
The purpose of "Preparing for the Flu: A Communication Toolkit for Institutions of Higher Education" is to provide information and communication resources to help students, faculty, and staff implement recommendations from CDC's Guidance for Responses to Influenza for Institutions of Higher Education during the 2009–10 Academic Year.
Technical Report on CDC Guidance for Responses to Influenza for Institutions of Higher Education during the 2009–10 Academic Year
This Technical Report includes detailed explanations of the strategies presented in the CDC Guidance for Responses to Influenza for Institutions of Higher Education during the 2009–10 Academic Year and suggestions on how to use them. The guidance is designed to decrease exposure to regular seasonal flu and 2009 H1N1 flu while limiting the disruption of day-to-day activities and the vital academic activities that go on in Institutions of Higher Education (IHE). CDC will continue to monitor the situation and update the current guidance as more information is obtained on 2009 H1N1.
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New Flu Information for Schools from the Office of Non-Public Education 8.11.09
Flu Season Guidance for Schools
The Federal government has released updated guidance to assist schools in addressing issues related to the H1N1 influenza. The guidance, which is posted on the www.flu.gov website, is designed to help prevent the spread of flu among students, teachers, and other school personnel. This update provides a menu of tools, including a Communications Toolkit, that school and health officials can choose from based on the conditions in their area.
The school guidance is part of a broader national framework to respond to the H1N1 influenza, which includes encouraging people to get vaccinated against the virus and to take other actions to prevent infection.
School Dismissal Monitoring
The Centers for Disease Control and the U.S. Department of Education
have developed a system for monitoring school dismissals that are flu related. School dismissals can be monitored in two ways:
1) by completing an online reporting form,
or 2) by submitting an electronic PDF version of the form via email or fax.
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New Flu Guidance and Toolkit 8.7.2009
The federal government today released updated guidance and a new toolkit to help school officials prepare for, and respond to, the H1N1 flu in the 2009–10 school year. The new resources from the Centers for Disease Control and Prevention (CDC) were announced at a joint news conference this morning by Health and Human Services Secretary Kathleen Sebelius, Education Secretary Arne Duncan, Homeland Security Secretary Janet Napolitano, and CDC Director Thomas R. Frieden. (A webcast of the news conference is available.)
The guidance includes recommendations for school responses to flu outbreaks similar in severity to what took place this past spring as well as to potentially more severe outbreaks. The toolkit includes practical advice on how to contain the spread of flu, sample letters to parents, and posters related to flu prevention.
“We can all work to keep our children healthy now by practicing prevention, close monitoring, and using common sense,” Secretary Duncan said. “We hope no schools have to close. But if they do, we need to make sure that children keep learning.” The toolkit advises school officials to “develop a school dismissal plan and options for how school work can be continued at home (e.g., homework packets, Web-based lessons, phone calls), if school is dismissed.” Duncan called the guidance “balanced, measured, and as clear and concise as possible.”
CDC and the U. S. Department of Education have set up a School Dismissal Monitoring System to report on school closings related to H1N1.
(Online reporting forms are available.)
Plans are also being developed for a school-based vaccination program. “We're going to continue to do everything possible to keep our children—and all Americans—healthy and safe this fall,” Secretary Sebelius said. “But all Americans also have a part to play. The best way to prevent the spread of flu is vaccination. A seasonal flu vaccine is ready to go, and we should have one for the 2009 H1N1 flu by mid-October.” (Information provided by CAPE)
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U.S. Department of Education Releases ARRA Title II, D, ED Tech Funds and Accompanying Guidance
The U.S. Department of Education has released the Title II, D,
Enhancing Education through Technology (ED Tech) funds, which are made available under the American Recovery and Reinvestment Act of 2009 (ARRA). Aimed at improving student academic performance through the effective use of technology, the ED Tech program requires the equitable participation of private school students and teachers in both the formula and competitive grant programs.
Along with the release of these funds, the Department issued accompanying
ARRA Guidance on ED Tech Program Funds. Allowable services under the ED Tech program may include computer equipment, software, and professional development for teachers.
Private school officials interested in the ED Tech program should review this guidance and contact their local education agency (LEA) to inquire about the LEA’s plans regarding the program, the timely and meaningful consultation requirements, and equitable participation of their students and teachers.
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Update Letter on H1N1 Virus from USDOE and USHHS 6.26.2009
This important update address issues regarding issues regarding the start of school in the fall and the H1N1 Virus.
Letter from Department of Education and Department of Health and Human Services
Swine Flu Alert and Guidance
Guidance for ACSI Schools in regards to the H1N1 Flu Virus
- Schools should be alert to students exhibiting any influenza-like illness and coordinate with local health departments if cases are suspected among students.
- Any student with flu-like symptoms—fever above 37.8°C or 100°F accompanied by cough or sore throat—should be referred to a physician or other medical professional who can test for the H1N1 flu virus.
- Schools should implement a call system to determine if absences from school are related to illness.
- Schools should strongly consider dismissing all students when there is a confirmed or suspected case of flu in a student, teacher, staff member or family member of a student.
- Schools should follow all directives from the local authorities. Communicate and work with your local school district and local health department.
- If the school closes, all related activities such as games, concerts, and other gatherings should be cancelled. Encourage parents and students to avoid congregating outside of school.
- If the school closes, it should immediately contact the public health department. If your school chooses to close as a precautionary measure, contact the health department and communicate.
- Schools should consult with their local or state health departments for guidance on reopening. If there are no additional confirmed or suspected cases are identified among students (or school personnel) for a period of seven days, the school can consider reopening.
- Schools in unaffected areas should begin to prepare for the possibility of school dismissal. This should include asking teachers, parents, and all staff to prepare contingency plans.
How Could the Flu Affect Your Ministry? Would your ministry be able to keep operating if the swine flu became a pandemic? A recent article by ECCU.
Influenza pandemic: Online resources
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U.S. Department of Education Issues ARRA Guidance
On April 1, the U.S. Department of Education issued guidance related to
the American Recovery and Reinvestment Act of 2009 (ARRA). The guidance is intended to assist SEAs and LEAs with implementing the provisions of the Act and includes a number of questions about services to students in private schools.
Guidance on ARRA Funded Title I, Part A Services Related to Private School Students
Title VIII of ARRA includes provisions related to Title I, Part A of the Elementary and Secondary Education Act (ESEA) The ARRA Title I, Part A provisions require the equitable participation of eligible private school students and teachers. Section D of the ARRA Title I, Part A guidance focuses on the benefits available to such students and teachers, and includes three questions that address these issues: D-6, D-7, and D-8. This guidance emphasizes the need for timely and meaningful consultation prior to any decisions being made about the provision of equitable services for eligible private school students.
Guidance on ARRA Funded IDEA Services to Parentally Placed Private School Students with Disabilities
Title VIII of ARRA includes provisions related to the Individuals with Disabilities Education Act (IDEA). The ARRA IDEA, Part B provisions require that equitable services be provided to eligible children with disabilities enrolled by their parents in private schools. Section F of the
ARRA IDEA, Part B guidancefocuses on the benefits available to parentally placed children with disabilities and includes three questions, F-1, F-2, and F-3. The consultation process is highlighted in this guidance.
Guidance on ARRA SFSF and Services to Private School Students
Title XVI of ARRA addresses the State Fiscal Stabilization Fund (SFSF). The SFSF guidance includes questions related to private school students. Question III-D-15 states that ARRA does not require an LEA to provide equitable services to private school students with SFSF funds, however, the LEA may provide services for private school students and teachers to the extent that the activities are authorized by the ESEA, the IDEA, the Adult Education and Family Literacy Act, or the Perkins Act. Question III-D-2 and IV-3 clarify that no stabilization funds may be used to provide financial assistance for students to attend private elementary and secondary schools unless the fund are used to provide special education and related services to children with disabilities as authorized under IDEA.
Information provided by the DOE's Office of NonPublic Education.
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New Department of Labor Updates on COBRA Continuation Coverage
The Department of Labor has issued new guidance on the COBRA Continuation Coverage Assistance Under The American Recovery And Reinvestment Act Of 2009 for United States Department of Labor. This information has recently been updated, and is now available.
The following updates to the Department of Labor Website were just posted:
- Model notices
- FAQs for Employers on the COBRA Premium Reduction
- Expanded FAQs for Employees on the COBRA Premium Reduction
- Updated FAQs for Employees on General COBRA Provisions
Understanding the New COBRA Law Webinar
Webinar Completed Notes and Recording Below
The enactment into law of:
HR 1, the American Recovery and Reinvestment Act of 2009, (ARRA)
implements new temporary procedures for employers relating to the administration of Consolidated Omnibus Budget Reconciliation Act (COBRA) benefits.
This new law provides for a nine-month subsidy of COBRA premiums for employees who are involuntarily terminated. The new law, which became effective with the first monthly period of COBRA coverage beginning on or after February 17, 2009 (for most plans, this means March 1, 2009) also subjects employers and insurers to additional administrative, notice and reporting requirements. During this webinar we will explain the new law and the steps school employers should be taking now to ensure compliance.
Understanding the New COBRA Law Recording
Understanding the New COBRA Law PowerPoint Notes
New COBRA Law Helpful Websites
Department of Labor—COBRA Website
Basic Information on COBRA Health Benefits
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Economic Stimulus Bill Expands COBRA Requirements
On February 17, President Obama signed into law the American Recovery and Reinvestment Act of 2009(ARRA). One area that changed was COBRA. COBRA allows employees to continue their health insurance when leaving your employment at the former employee’s expense. Church sponsored schools are exempt from COBRA. However, independent Christian schools are required to offer this benefit to their employees at the time of their departure.
This new bill provides a subsidy that would pay for 65% of the health insurance premium for employees that are involuntarily terminated. The subsidy would be limited to nine months and extends to spouses and dependents who are qualified beneficiaries. Beginning March 1, 2009, the eligible individual will only be required to pay 35% of the COBRA premium for coverage under the prior employer’s health plan instead of the full price. The employer would pay the remaining 65% and would be reimbursed for its payment by taking a credit for those premiums against its payroll taxes to the federal government for current employees.
This applies to any employees that were involuntarily terminated from September 1, 2008 and up until December 31, 2009.
See a more detailed article by Fisher and Phillips, Attorneys at Law.
Revised Form 941. Form 941 can be found at the IRS Website for Form 941, along with the
Form 941 instructions.
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President Signs Stimulus Package News provided by CAPE
February 18, 2009—President Barack Obama yesterday signed into law a massive package to help jump-start the sagging economy through a combination of tax cuts and government spending. The nearly $800 billion legislation, known as the American Recovery and Reinvestment Act (ARRA), involves unprecedented amounts of federal funds for education programs, some of which will affect students in religious and independent schools. (CAPE's analysis of how ARRA relates to private schools is available.)
State Fiscal Stabilization Fund
ARRA establishes a $53.6 billion State Fiscal Stabilization Fund (SFSF), designed primarily to help states offset their own cuts in aid to education and other services. Despite a strong advocacy effort by the private school community, the act does not include an explicit requirement that SFSF money serve children in private schools in an equitable way. But neither does the act exclude private school students from being served under SFSF. Further, it may be that current provisions in the programs for which SFSF funds must be used (e.g., the Elementary and Secondary Education Act and the Individuals with Disabilities Education Act) cover equitability.
School Modernization
The school modernization program contained in the version of the stimulus package originally passed by the House has been rolled into the SFSF component of ARRA by adding “modernization, renovation, or repair of public school facilities” as an allowable use of SFSF funds by school districts. The explicit “public school” reference excludes the use of these funds for upgrading religious and independent elementary and secondary schools. A separate section under SFSF relating to the use of funds by institutions of higher education allows for the modernization, renovation, or repair of public or private colleges and universities, except for facilities “used for sectarian instruction or religious worship” or “in which a substantial portion of the functions of the facilities are subsumed in a religious mission.”
ESEA, IDEA
ARRA includes $13 billion for Title I grants under the Elementary and Secondary Education Act (ESEA) to help disadvantaged students. Of that amount, $10 billion is available for services to students in public and private schools, and $3 billion is targeted for grants to help public schools that have been identified for school improvement.
The act also provides $650 million under Title II-D of ESEA (EdTech) to help public and private schools enhance instruction through technology.
The Individuals with Disabilities Education Act (IDEA), which provides services to children with special needs in public and private schools, receives an additional $12.2 billion under ARRA, including $11.7 billion for Part B, which includes equitable services to students placed by their parents in private schools, and $500 million for Part C, which serves infants and toddlers with disabilities.
Early Childhood
Early childhood programs also get a boost in ARRA, which provides $1.1 billion for Early Head Start and $1 billion for Head Start, two programs to promote the healthy development of children from low-income families before they attend school. A number of private nonprofit organizations operate both programs. Another $2 billion will go to the Child Care and Development Block Grant program, which helps low-income parents in the workforce cover daycare or after-school program costs at the child-care provider of their choice.
American Recovery and Reinvestment Act Select Education Provisions
| |
Amount (in billions) |
| Title I-A, ESEA |
$10.0 |
| Title II-D, ESEA (EdTech) |
$0.65 |
| IDEA, Part B |
$11.7 |
| State Fiscal Stabilization Fund |
$53.6 |
| Early Head Start |
$1.1 |
| Head Start |
$1.0 |
| Child Care and Development Block Grants |
$2.0 |
Related Links
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Extension of Year-End Deadline for 403(b) Plan Sponsors
On December 11, 2008, the IRS extended the deadline for 403(b) plan sponsors to adopt new written plans or amend their existing written plans from January 1, 2009, to December 31, 2009. The IRS will consider 403(b) plans as meeting the requirements of Code Section 403(b) and the final regulations for 2009, if the plan sponsor:
- adopts or amends a written plan by December 31, 2009, that is intended to satisfy Code Section 403(b) and the final regulations effective January 1, 2009;
- operates the plan during 2009 with a reasonable interpretation of Code Section 403(b), taking into account the final regulations; and
- makes its best effort to retroactively correct by the end of 2009, any operational failure occurring in 2009 to conform to the written plan, based on the revenue procedure for the Service's Employee Plans Compliance Resolution System (EPCRS).
The IRS plans to issue further guidance on 403(b) plans, including a revenue procedure establishing a 403(b) prototype program and, later, a determination-letter program. These programs will allow plans to correct plan document failures after 2009 by making remedial amendments. The EPCRS procedure will also be modified to provide for additional 403(b) issues.
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