Pennsylvania Education Law Lawyer & Attorney : Fox Rothschild Law Firm : Education Statutory and Regulatory Changes

On December 29, 2007, the President signed into law the Medicare, Medicaid, and SCHIP Extension Act of 2007 (P.L. No. 110-173).  According to the Congressional Research Service Summary the law

[p]rohibits the Secretary of Health and Human Services from taking any action before June 30, 2008, to impose any restrictions relating to Medicaid coverage or payment for rehabilitation services or school-based administration and school-based transportation, if such restrictions are more restrictive in any aspect than those applied to such areas as of July 1, 2007.

So at least for the remainder of the 2007-08 school year, the current reimbursement process and funding remains in place.

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The case of Enright v. Springfield School District is a lesson in the important need for a quality program of training for bus drivers. The case resulted in a jury verdict upheld by the court against a school district and in favor of a seven year old student abused on a bus by older students. Liability against the school district was found because the school district did not train its driver and had policies and practices in place that made environment of the bus unsafe.

The school district owned and operated a bus that transported a 17-year old male student with emotional issues to an approved private school, a 14-year old male with learning disabilities to a private school, and a seven year old girl with Asperger’s syndrome to a private school. In short, the two boys engaged in sexualized conduct toward the girl that caused her significant trauma. Parents filed suit seeking relief via Section 1983 for violations of Section 504 of the Rehabilitation Act, the Americans With Disabilities Act, the IDEA, and Fourteenth Amendment due process rights.

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