Happening on the Hill

Here’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.

“Fiscal Cliff” Agreement Overview
Sequestration (Funding Cuts)
Federal Funding/Annual Appropriations for Fiscal Year 2013
President Obama’s Proposed Budget
Equal Access to Quality Education Act
Common Core State Standards
Partner for Assessment of Readiness for College and Careers (PARCC)
Workforce Investment Act
113th Congress
ABLE Act
Safe Schools Improvement Act
Keeping all Students Safe Act
Literacy Education for All, Results for the Nation (LEARN)
ESEA Reauthorization and State Waivers
OCR Policy Guidance on Retaliation

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 30^th 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 financed the federal government through March 2013. President Obama signed a continuing resolution on March 26, 2013 to keep the government funded through the end of the fiscal year (September) and to avoid a government shutdown. The continuing resolution accounts for sequestration which means education programs will continue to see budget cuts.

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.

President Obama’s Budget

On April 10, 2013, President Obama introduced the budget proposal for the fiscal year 2014. This budget will begin in October of this year. The proposed budget increases education funding for a preschool expansion initiative, expansion to charter schools, and high school makeover. The budget proposal keeps Title I and the Individuals for Disabilities Education Act funding at the same funding level amount as they were in 2012. Funding these programs at the same level means students with learning disabilities could see less money due to the population growth. Included among these budget requests:

Title I: Title I is the key source of federal funding for schools with kids who live in poverty. The U.S. Department of Education requested the same funding level for this program as they did in 2012 ($14.539 billion), but have also estimated that sequestration will cut $727 million from this program nationwide in July as schools prepare to start next school year.

IDEA Grants to States: the Individuals with Disabilities Education Act (IDEA) makes grants to States to ensure students with disabilities have access to a free appropriate public education. This is the law which requires students with disabilities to receive an IEP and get services to allow them to succeed in school. Under the Department of Education's budget request, IDEA funding is frozen at 2012 levels ($11.59 billion nationwide), and the Federal share of support for special education has dropped to 15% of the additional cost of educating a student with a disability. Additionally, the Department of Education is estimating that sequestration will cut $580 million from this program nationwide in July.

IDEA, National Programs (Part D): The U.S. Department of Education also provides grants to ensure that teachers and other instructional personnel are trained and qualified to provide instruction and other services to students with disabilities. Additionally, these programs ensure that educators are able to earn master's degrees and PhDs ensuring that students with disabilities are served by teachers, principals and other educators that have the high level of skill and knowledge to provide them what they need to succeed. Overall these programs are cut by just over $1 million (total funding of $236 million) in the budget request. However, these programs will be cut by approximately $11 million overall due to sequestration.

NICHD: The National Institutes for Child Health and Human Development conducts critical research on brain development, learning, language acquisition, and reading and math disabilities. The research conducted by NICHD has allowed us to better understand how to help students with learning disabilities succeed academically, and after reaching adulthood, in the workplace. The budget requests $1.34 billion for NICHD, an increase of $10 million over 2012.

Literacy Funding: The U.S. Department of Education also funds targeted literacy funding through its Striving Readers program. This program is aimed at ensuring students, including student with learning disabilities, have the literacy skills necessary to master reading. The budget request consolidates this program with programs providing assistance to public broadcasting, jeopardizing the present focus on literacy.

Our Role: While NCLD is disappointed to see that funding for important programs that serve students with learning disabilities did not increase, NCLD calls on Congress to help. James Wendorf, NCLD Executive Director, expresses his concern for the flat funding in the budget in the Huffington Post.

Equal Access to Quality Education Act

On March 21, 2013 Representatives Judy Chu (CA-27) and Rubén Hinojosa (TX-15) reintroduced the Equal Access to Quality Education Act (H.R. 2902) which ensures students in our most challenging schools are staffed by our very best teachers. While school budgets face budget cuts, this legislation creates a grant program to develop and strengthen high-quality pathways into the teaching profession, especially in high needs schools. Contact your Representative to support this legislation.

Our Role: NCLD supports the Equal Access to Quality Education Act because we want all students with learning disabilities to have well-qualified teachers in the classroom. Investing into instruction will help strengthen the support that our kids will receive in the classroom.

Common Core State Standards

The Common Core State Standards were created to provide a clear understanding of what is expected of students in the curriculum areas of mathematics and English language arts. The standards are designed to be robust and relevant to the real world, reflecting the knowledge and skills that our young people need for success in college and careers. Forty-five states, the District of Columbia, four territories, and the Department of Defense Education Activity have adopted the Common Core State Standards. Learn more about the common core and how it affects your child with LD. Stay tuned for more information about the common core this month!

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

113^th 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 113^th 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 113^th 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.

Literacy Education for All, Results for the Nation (LEARN)

Literacy Education for All, Results for the Nation will ensure that all students receive high quality literacy instruction beginning in early childhood and continuing through high school graduation. The LEARN Act responds to the clear need for literacy instruction and high quality support for students at all age, development and grade levels. This legislation provides for a strong federal investment in high quality literacy instruction that will help states improve programs to strengthen the literacy skills of all students.

Specifically LEARN supports high literacy for all students from birth through high school by:

• Authorizing $2.35 billion for comprehensive literacy programs, to support local school-based literacy programs (birth to grade twelve).
• Enhancing state’s capacity to improve literacy instruction through the creation of state literacy leadership teams.
• Providing high-quality, research-based professional development opportunities for instructional staff and financial support for literacy coaches.
• Supporting promising and innovative practices to improve literacy and writing, especially for students reading and writing below grade level.

Our Role: NCLD supports this legislation. Support LEARN with us!