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Legislative Update
110th Congress
Washington, D.C.
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April 2008
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In this issue:
Update on NCLD's Current Legislative Activity
The past few months have kept NCLD's public policy office steadily busy. While the Congressional discussions over the reauthorization of the Elementary Secondary Education Act/No Child Left Behind (NCLB) have essentially been put on hold, there are other pieces of legislation that include important services for students with learning disabilities that have slowly made their way through Congress. Each of these pieces of legislation has the potential to impact students with learning disabilities. Below, we have summarized NCLD's positions on each legislative initiative.
Americans with Disabilities Restoration Act
NCLD, like many other organizations, believes that in order to ensure individuals with disabilities needs are met under the Americans with Disabilities Act of 2007 (ADA), changes need to be made within the law to provide a clear definition of "disability" to ensure it conforms with the intent of the original law's language. The ADA Restoration Act of 2007 (ADARA) amends the definition of disability under the ADA to bring it into conformity with Congress' intent when it passed the Americans with Disabilities Act (ADA) in 1990.
Some experts say this change will have little impact on schools, which are already interpreting the law's language consistent with Congressional intent. However, many fear without changing and explaining the definition of "disability" within the law, it will be easier for schools to deny accommodations to eligible students with disabilities because those students cannot meet a demanding standard for qualifying as "disabled." The ADARA intends to clarify that eligible students with disabilities should be provided accommodations without regard to how disabled they are.
NCLD is currently in discussions with policymakers on Capitol Hill, and other like-minded organizations, to ensure the disability definition includes all eligible individuals. The U.S. House of Representatives may act quickly on the ADRA and the Senate has indicated interest in taking action this year as well. NCLD will keep you updated as the bill progresses through Congress.
College Opportunities and Affordability Act
(Reauthorization of the Higher Education Act)
NCLD is pleased that many of the new provisions we initiated and supported in the Higher Education Act (HEA) continue to be viable. Significant changes have been made to the final bill that will positively affect students with disabilities, especially students with learning disabilities, as they pursue postsecondary degrees. There has been a consistent increase in students with learning disabilities applying to postsecondary education in the past two decades. These increases can be attributed in part to years of advocacy work at the elementary and secondary level to enhance the overall educational outcomes of these students as well as by providing increased services and supports for students with disabilities when they enter postsecondary education. The House and Senate bills are currently in conference. NCLD anticipates the provisions described below will be included in the final package. The hope for now is that this bill will be passed before the July recess.
Below are the main provisions NCLD fought to include in this legislation.
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Develop a national Center for Information & Technical support to improve the post-secondary recruitment, retention and completion rates;
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Institute an Advisory Committee on Accessible Instructional Materials in Post-Secondary Education for students with disabilities;
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Develop Model Demonstration Programs to improve access to post-secondary instructional materials for students with print disabilities;
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Fund a national Study on Higher Education Access Success;
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Manage programs to ensure students with disabilities receive a quality higher education, and
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Include the definition of Universal Design for Learning.
Protecting Medicaid Safety Net Act of 2008
While at first glance, a bill focused on Medicaid might not seem like a fit for NCLD, there are three major pieces of the Protecting Medicaid Safety Net Act of 2008 that could affect students with learning disabilities. In an attempt to implement the Medicaid cuts proposed in the Bush Administration's Fiscal Year 2008 Budget, the Center for Medicare and Medicaid Services (CMS) issued several regulations which significantly cut payments to Medicaid providers and services to beneficiaries – which will negatively impact schools trying to provide adequate services and supports to students receiving special education services and therefore, will impact students and families. The House version of the Protecting Medicaid Safety Net Act of 2008 requests a moratorium until April 2009 on the new regulations. A moratorium gives Congress time to review the regulations closely and propose needed revisions through legislation. A Senate companion bill is expected to be introduced soon.
The three areas NCLD is working to save from extensive cuts are:
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Rehabilitation Services Option – Provides day habilitation services like skills training and communications skills training;
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School-based Administration and Transportation Services – Provides funding to pay for school-based: specialized transportation, occupational therapy, physical therapy and speech/language therapy;
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Case Management and Targeted Case Management – Provides services for transition from institutional care to the community.
NCLB Reauthorization Update
Currently, the active discussions focused on reauthorizing NCLB are on hold. However, NCLD believes it is important that any debate continues to ensure that students with learning disabilities are fully included in proposed changes that may alter how schools are held accountable for student academic outcomes. With the elections occurring later this year, it is unlikely the bill will see final action. We will keep you updated as things progress.
New Releases from the Department of Education
Over the past three months, the U.S. Department of Education has made two major announcements that will affect how students with learning disabilities are included in a school's accountability measures. NCLD sees both the differentiated accountability pilot program and Secretary Spelling's decision to create a uniform graduation rate as having the potential to use positive data-driven measures to push the country closer to meeting the needs of all students and schools.
Differentiated Accountability Pilots Announced
A new pilot program under No Child Left Behind has been launched aimed at helping states differentiate between underperforming schools in need of dramatic interventions and those that are closer to meeting the goals of No Child Left Behind. Differentiated accountability will allow states to vary the intensity and type of interventions to match the academic reasons that lead to a school's identification. NCLD has written Secretary Spellings about the new pilots and hopes to work with the Department as they define how states and school districts will participate in the new program. Download a PDF of NCLD's letter to Secretary Spelling.
Department Will Move to a Uniform Graduation Rate
The Department of Education announced it will take administrative steps to ensure all states use the same formula to calculate how many students graduate from high school on time, and how many drop out. This data will be made public so that people nationwide can compare how students of every race, background, and income level are performing. Currently, each state is allowed to calculate and report graduation and dropout rates in whatever way they choose — thus making it difficult to determine exactly how many students actually graduate on time, with a regular diploma. Governors from all 50 states have been working to come to an agreement on a uniform definition. The change, however, could make it harder for some schools to meet requirements under the No Child Left Behind law. NCLD has made a recommendation to Congress on high school graduation calculation and reporting and will keep you updated as this discussion continues in Washington. Download NCLD's recommendations to Congress to improve graduation rates and reduce the dropout rate among students with learning disabilities.
NCLD will continue to keep you informed and updated on federal legislative initiatives.
Previous Legislative Updates:
Janaury 2008
September 2007
April 2007
December 2006
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