|
   
Legislative Update
109th Congress
Washington, DC | December, 2005 |
In this issue: 2006 Education Spending Update
Last week, the House of Representatives approved the FY 2006 Labor-HHS-Education conference report (H.R. 3010), which cuts overall federal education spending for the first time in a decade.
In H.R. 3010, grants to states for the Individuals with Disabilities Education Act (IDEA Part B) are increased by only $100 million, the smallest increase in ten years. Given that the number of students served under IDEA grows, on average, at 1-2 percent per year this increase actually reduces the federal contribution toward states' cost of implementing the IDEA from 18.6 percent to 18.0 percent. IDEA programs for personnel preparation, parent information centers, and technology and media services (Part D) remain at the same funding level as last year, despite inflation and growth in students served.
Also of grave concern is the proposed lack of federal spending to support the No Child Left Behind Act's Title I program. With an increase of less than one percent, or $100 million, over FY 05, the smallest increase in 8 years, more than 3 million disadvantaged students will not be fully served in our local schools.
The report now goes to the Senate for consideration. Assessing IDEA-eligible students under NCLB
On December 15, 2005, the U.S. Department of Education (ED) issued proposed regulations to amend Title I of the No Child Left Behind Act of 2001 (NCLB) to provide states with more flexibility regarding the assessment of students with disabilities. The proposed regulations, known as a "notice of proposed rulemaking or NPRM" provides a 75 day public comment period which ends on February 28, 2006.
A Fact Sheet about the proposal is available from ED at:
http://www.ed.gov/admins/lead/speced/achievement/factsheet.html
The complete proposal, as published in the Federal Register, is available at:
http://a257.g.akamaitech.net/7/257/2422/01jan20051800
/edocket.access.gpo.gov/2005/pdf/05-24083.pdf
NCLD will provide detailed analysis and comment on the proposed regulations in early in 2006.
In addition to the proposed regulations, ED published two new assistance documents that offer guidance on several aspects of assessing students with disabilities titled, "A Decision Framework for IEP Teams Related to Methods for Individual Student Participation in State Accountability Assessments" and "Professional Development on Assessment Systems." Both are available for download in WORD at
http://www.ed.gov/admins/lead/speced/toolkit/index.html
Proposed Regulations for IDEA 2004 Pilot Programs
On December 19, 2005, ED published proposed regulations for the two pilot, or demonstration, programs recently authorized by the Individuals with Disabilities Education Improvement Act (IDEA 2004). They are:
Paperwork Waiver Demonstration Program proposed regulations available at:
http://a257.g.akamaitech.net/7/257/2422/01jan20051800
/edocket.access.gpo.gov/2005/pdf/E5-7507.pdf
Multi-Year Individualized Education Program Demonstration Program proposed regulations available at:
http://a257.g.akamaitech.net/7/257/2422/01jan20051800
/edocket.access.gpo.gov/2005/pdf/E5-7506.pdf
Public comments on each of these proposals can be submitted through March 6, 2006. NCLD will provide analysis and comments on each of these proposals in early 2006.
Child Medication Safety Act
On November 17, 2005, the U.S. House of Representatives approved H.R. 1790, The Child Medication Safety Act, which prohibits school officials from forcing parents to place their children on medication as a condition of attending school. This bill is similar to a new provision included in IDEA 2004 which requires states to have a policy that prohibits state and local school district personnel from requiring a child to obtain a prescription for a substance covered by the Controlled Substance Act as a condition of attending school, receiving an evaluation or receiving services under IDEA.
H.R. 1790 now moves to the Senate for action. Text of the bill is available at:
http://thomas.loc.gov/cgi-bin/query/D?c109:3:./temp/~c109lE2he6
Previous Legislative Updates:
October 2005
May 2005
April 2005
Want to be kept up to date on important
legislative issues in Washington?
Join our Action E-List.
|
