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Happening on the Hill

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By NCLD Public Policy Team

Happening on the Hill - Get InvolvedHere’s the latest on what’s happening in Washington, DC. Check out what NCLD is doing to shape federal laws that impact your state and child’s school, raise awareness about learning disabilities (LD) and strengthen rights and opportunities for individuals with LD! You’ll find updates on the U.S. Congress, the U.S. Department of Education, and other Capitol Hill Happenings.

Watch our Free Webinar on Education Priorities for the 113th Congress
“Fiscal Cliff” Agreement Overview
Sequestration (Funding Cuts)
Federal Funding/Annual Appropriations for Fiscal Year 2013
Partner for Assessment of Readiness for College and Careers (PARCC)
Workforce Investment Act
113th Congresss
ABLE Act
Safe Schools Improvement Act
Keeping all Students Safe Act
ESEA Reauthorization and State Waivers

U.S. Congress Update

“Fiscal Cliff” Agreement Overview

On January 1, 2013, Congress reached an agreement and passed legislation that impacts the following education-related issues:

  • It extends the child care tax credit
  • It extends the expiring tax cuts that allow the deduction of interest on student loans used to attend college and other expenses
  • Sequestration (see below)

Sequestration (Funding Cuts)

As you likely know, required automatic funding cuts (called “budget sequestration”) went into effect on March 1, 2013. Funding to support education and other programs that serve and affect individuals with learning disabilities will be greatly impacted by the cuts. Learn more about why sequestration happened.

Our role: NCLD is closely monitoring the discussions between Congress and the White House to resolve the across the board cuts in federal spending programs that will impact our local schools. Thank you for taking action with us and telling Congress: Don’t Cut Our Kids Education!

Federal Funding/Annual Appropriations for Fiscal Year 2013

Congress failed to pass the annual funding bills (aka “appropriations” bills) before last year’s September 30th deadline. The annual funding bills reveal Congress's intended level of spending for education programs such as the Individuals with Disabilities Education Act (IDEA), education research, and other education initiatives that support reading and math instruction in public schools. Because the appropriations process was not dealt with, Congress has since passed a six-month “continuing resolution” (CR) that temporarily finances the federal government through March 2013. Since the expiration date is looming, Congress is now discussing how to continue to fund spending programs through September 30, 2013 for this federal fiscal year. We’ll update you as soon as final decisions are made about this year’s funding to states, as these funds directly impact how special education, public education, certain workforce/worker training programs, higher education, and health and human services are supported by the federal government in your state and local community

The existing CR also extends a provision that permits teachers who are participating in alternate route certification programs to be considered “highly qualified” teachers under federal law — even if they have not fully completed their teacher training and state certification requirements.

Our Role: NCLD has worked within a coalition of 90 organizations to oppose allowing intern teachers who may only have a few weeks of training to be called “highly qualified.” While NCLD is not opposed to teachers becoming trained via alternate routes, we do not support giving these teachers the same status as their fully certified/trained peers. We also want parents to know the qualifications of their child’s teacher. When “intern teachers” are deemed on par with their peers, under federal law, the school is no longer required to notify parents that an inexperienced teacher is in fact teaching their child. This places students with LD at great risk of not receiving the instruction and support they need to thrive in both general and special education.

Because of the coalition’s advocacy efforts on this issue, we helped secure a new reporting requirement in the current CR. Now the U.S. Department of Education must document the number of intern teachers teaching students with disabilities, English Language learners, and students in rural areas and from low-income families in each state and district. This report is due by December 31, 2013. NCLD will continue to play a role in helping shape the reporting requirements. We’ll also share information with you about the impact of intern teachers in your school district and state.

Partner for Assessment of Readiness for College and Careers (PARCC)

The Partnership for Assessment of Readiness for College and Careers (PARCC) is a 23-state consortium working to develop next-generation K-12 assessments in English and math aligned to the Common Core State Standards. PARCC is on the verge of implementing a policy that could place tight restrictions on which students can use specific accommodations such as read aloud, calculators, scribes and word prediction programs on reading and math tests. PARCC opened the opportunity for public comment on three draft policies that form part of a larger accommodations manual to be released later this year.

Our Role: NCLD asked you to submit comments to PARCC on their draft policies for: read aloud, calculators, scribes and word prediction programs on reading and math tests. We want to thank you for taking quick action to tell PARCC their three draft policies are wrong. See NCLD’s full response. Stay tuned for information from NCLD.

Workforce Investment Act

The Workforce Investment Act (WIA) is the largest federal investment in job training for workers in the U.S. It was due for reauthorization in 2011.WIA authorizes state and local workforce boards that oversee a system of one-stop training centers where individuals can receive training and related services. WIA also authorizes two large programs at the Department of Education: the Vocational Rehabilitation Act, which provides training and services for individuals with disabilities, and the Adult Education State Grant program, which funds adult basic education and family literacy services through grants to the states.

Our Role: NCLD has expanded its federal policy agenda to include career training and workforce programs on behalf of people with LD. As a direct result, on March 6, 2013, the House Education and Workforce Committee passed a jobs training bill that authorized the Workforce Investment Act. The Republican-led bill included NCLD-proposed language focused on improving access to services for adults with disabilities in states as they implement WIA programs.

Since the House Republican bill passed the committee, the House Republicans are expected to bring their WIA bill to the House floor before the end of March. NCLD is working in the Senate to include language in any bill introduced this year. Our goal is to ensure that any final bill to reauthorize WIA will ensure:

  • better transition planning for students leaving high school and needing workforce training
  • increased access to literacy instruction and support for people with disabilities, especially those with LD

113th Congress

The Senate Health, Education, Labor, and Pensions (HELP) and House Education and Workforce committees — both of which determine Congress’s focus on education issues — are meeting on important legislative issues. Learn more about the 113th Congress priorities NCLD shared during our recent webinar.

Visit our Action Alert Center to find out who your elected officials are and join us in sending important alerts to them about pressing education issues.

Our role: NCLD continues to meet with Members and staff of the U.S. Congress, the White House and U.S. Department of Education officials to reinforce our policy agenda and priorities for students with LD. Sign our petition so we can carry a message to policy makers in Washington, DC that our students deserve a quality education!

ABLE Act

The Achieving a Better Life Experience Act of 2011 also known as the ABLE Act) would help families do long-term financial planning for their child with a disability. If passed by Congress, children with disabilities would not risk losing government benefits by increasing their tax-free savings accounts. This does not cost Congress anything to enact and it could help your family!

Our Role: We firmly support the ABLE Act and hope the 113th Congress will pass this legislation. The bill was re-introduced on February 13, 2013. We’ll invite you to join us in encouraging members to co-sponsor it and support its passage.

Safe Schools Improvement Act

The Safe Schools Improvement Act (also known as the “Bully” Act) marks the first time the federal government has attempted to define “bullying.” The act would allow for anti-bullying policies to be developed and standardized to protect all students, and for federal funding to be provided to schools and districts in order to implement these policies. The act, S. 403, was introduced into the U.S. Senate by Senator Robert Casey (D-PA) and Senator Mark Kirk (R-IL) on February 28, 2013 and is expected to be introduced in the House by Rep. Linda Sanchez (D-CA).

Our Role: We’ve actively supported passage of this Act, and have participated in campaigns to raise awareness about the issue of bullying, including the development of an anti-bullying toolkit for parents and schools as part of our role in sponsoring the film Bully. We will soon invite you to join us in renewed efforts to support its passage.

Keeping all Students Safe Act

The Keeping All Students Safe Act addresses the practice known as “seclusion and restraint.” The House and Senate both will likely reintroduce similar versions of the bill to strengthen protections for students in every state. The bills would ensure the safety of all students and school personnel and they would promote positive school culture and climate.

Our Role: We are working with other disability groups to help promote a law that includes:

  • the development of effective intervention and prevention practices;
  • an emphasis on de-escalation;
  • conflict management;
  • evidence-based practices shown to be effective in preventing physical restraint; and
  • the mandated use of data-based decision-making and evidence-based positive behavioral interventions and supports in schools so children will no longer be kept in restraint for hours.

NCLD continues to meet with Congressional offices on this issue. NCLD commends Rep. Miller for his work on restraint and seclusion. Check out his interview on seclusion and restraint. NCLD wants you to take action and encourage your Members of Congress to ensure safety for all students and school personnel.

U.S. Department of Education

ESEA Reauthorization and State Waivers

The Elementary and Secondary Education Act (ESEA) of 1965, also known as No Child Left Behind (NCLB), requires schools to support and improve reading and math for struggling students. ESEA is overdue for a reauthorization. The Senate held a hearing on February 7, 2013 and is expected to hold more hearings this year regarding the impact of new state waivers under ESEA that have been approved for 35 states by the U.S. Department of Education. The 34 states, in addition to Washington D.C., that have been approved for waivers from NCLB are: Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nevada, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Virginia, Washington, and Wisconsin.

The 12 states, plus the Bureau of Indian Education and Puerto Rico, with outstanding requests for waivers are: Alabama, Alaska, Hawaii, Illinois, Iowa, Maine, New Hampshire, North Dakota, Pennsylvania, Texas, West Virginia, and Wyoming. California's request was denied.

The three states that have not yet requested a waiver are: Montana, Nebraska, and Vermont (request withdrawn).

The approval of state waivers has created state-designed accountability systems in which the U.S. Department of Education grants states waivers under ESEA/NCLB in return for a states’ agreement to implement certain reform measures. Congress will hopefully consider the impact of these waivers on accountability for all student achievement, especially the impact on the most at-risk students, including students with learning disabilities.

ESEA In summary:

House:
  • Chairman John Kline (R-MN) is expected to reintroduce several bills from the 112th Congress.
  • Ranking Member George Miller (D-CA) will then likely introduce a substitute bill.

Senate:
  • Chairman Tom Harkin (D-IA) and Ranking Member Sen. Lamar Alexander (R-TN) have begun to meet to establish priorities to reauthorize ESEA.

Our Role: NCLD is a lead voice and advisor to members of Congress and their staff in the 113th Congress. We lead campaigns and support coalition work that intends to protect students with learning difficulties and learning disabilities. Most recently, NCLD sent a letter to all members of the Health, Education, Labor, and Pensions Committee to express our concerns about the ESEA waivers and outline several recommendations. Because nearly all of the states will have waivers under ESEA, we have developed resources and information for you to learn more about the impact on your state, school, and child. It’s important that you pay particular attention to the changes in your state if:

  • your child has been recommended to take an alternate form of the state reading or math assessment;
  • you are worried about your child’s progress and the lack of support in the school to provide intensive support and intervention to struggling students;
  • you know that students in your district and schools are at risk for dropping out of school and not graduating with a regular diploma; and/or
  • you want to know more about how states believe they can close the achievement gap for all at-risk students, including students with disabilities

Other Hill Happenings

Education Priorities for the 113th Congress Webinar

Did you miss NCLD’s free webinar on the Education Priorities of the 113th Congress? View the webinar. The webinar highlighted the key education issues that the Obama Administration and Congress will focus on in 2013. Thanks to those of you who joined!