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Legislative Update: What has the 112th Congress accomplished in Education Policy?

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By Laura Kaloi, Public Policy Director, NCLD

A lot has happened in education policy in Washington, D.C. since the passage of the fiscal year 2011 budget for the Federal government.


SENATE

Highlights
  • The Senate Health, Education, Labor and Pensions Committee (HELP) are negotiating one bill to reauthorize the Elementary and Secondary Education Act (ESEA), the federal law for general education. ESEA is important for students with learning disabilities because the law holds schools accountable for all students’ academic achievement.
  • The HELP Committee is reauthorizing the Workforce Investment Act (WIA) that funds youth and adult job training to individuals with LD.

The Senate Health, Education, Labor and Pensions Committee (HELP) has been continuing Member and staff work, that started before January, to negotiate a bipartisan reauthorization of the Elementary and Secondary Education Act (ESEA)or No Child Left Behind (NCLB). The HELP Committee is working to negotiate one bill which would reauthorize all of ESEA's programs. While public statements have been made several times about the timing of an ESEA markup, no markup has been formally scheduled yet. Read NCLD’s ESEA policy recommendation on Accountability.

In addition, the Senate HELP Committee has been focused on reauthorization of the Workforce Investment Act (WIA), which was originally scheduled for a Committee markup today (Wednesday, June 28th). The markup has since been rescheduled for July 13th to allow the Committee to continue to work on issues identified by Committee members and advocates. The Senate's WIA bill maintains much of the existing structure, including its separate programs for Adult and Dislocated workers and youth training. The WIA bill also reauthorizes the Adult Education and Vocational Rehabilitation programs at the U.S. Department of Education and includes several new authorities to fund innovative approaches to youth and adult job training. While the House has yet to schedule any legislative action on WIA, several hearings have been held in the House Education and the Workforce Committee. Senate Chairman Tom Harkin (D- IA) and Subcommittee Chairwoman Patty Murray (D-WA) have announced their intent to enact a WIA reauthorization bill into law this Congress (before the end of 2012).


HOUSE

Highlights

The House Committee on Education and the Workforce, chaired by Congressman Kline (R-MN) has taken action on two bills related to the reauthorization of the Elementary and Secondary Education Act (ESEA). The first bill, Setting New Priorities in Education Spending Act (H.R. 1891), would repeal the authorizations of 42 education programs including Striving Readers and the Even Start family literacy program. H.R. 1891 passed the House Committee on a party line vote in May, with all Democratic Members voting against the legislation.

The second bill, the Empowering Parents through Quality Charter Schools Act (H.R. 2218) was introduced by Representative Duncan Hunter (R-CA), Chairman on the House Education and Workforce Subcommittee on Early Childhood, Elementary, and Secondary Education, and passed the House Committee this month on a strong bipartisan vote. All Members, expect for 5 Democrats, voted for the bill. H.R. 2218 is designed to reauthorize the existing charter school program in ESEA, while expanding the focus of the program to support replication and expansion of promising and proven charter school models. In addition, the bill would expand which state entities can receive grants under the program to include Governors and State Charter Boards (in addition to state educational agencies). Lastly, the bill increases the focus of the program on ensuring students with disabilities and English language learners are able to enroll in and receive services at charter schools. This last requirement responds to the research which points to students with disabilities being underrepresented and underserved in charter schools.

Chairman Kline has publicly stated that he intends to complete House action on the ESEA, through a series of bills, by the end of this year.The House Committee is likely to markup an ESEA funding flexibility bill in mid-July. The provisions of this bill are currently in discussion between the Republicans and Democrats of the Committee. While specifics have not yet been publicly released, the bill is expected to give school districts greater flexibility in spending ESEA funding.

Impact on the Individuals with Disabilities Education Act (IDEA)
Initial conversations indicated that school districts would be permitted to transfer funds among the programs in ESEA and into the Individuals with Disabilities Education Act (IDEA). Under current law, school districts have the ability to transfer half of the funds in certain ESEA programs to other certain ESEA programs, but no money may be moved out of Title I and funds cannot be transferred into programs outside of ESEA (such as IDEA). Concerns have been raised about the proposal's impact on ESEA's accountability requirements for disadvantaged students, including students with disabilities. Specifically, if a school district transferred all of their Title I funding out of this program, none of ESEA's requirements around academic achievement for disadvantaged students would apply to schools in that district. Discussions on this bill continue and we will keep you updated as information becomes available on it.


ADMINISTRATION

Highlights
  • Secretary Duncan has announced the U.S. Department of Education would consider issuing waivers of ESEA’s existing requirements if Congress does not reauthorize ESEA by the beginning of the school year.

A few weeks ago, U.S. Education Secretary Arne Duncan announced that the U.S. Department of Education would consider issuing waivers of ESEA's existing requirements if Congress did not reauthorize ESEA before the beginning of this coming schools year. The Department is presently working internally to establish a process for States and school districts to apply for waivers. The Department is authorized under ESEA to grant waivers to States and school districts for certain requirements, so long as they do not relate to program formula allocations, civil rights requirements and other key provisions. It is expected that the Department's waiver process would require school districts seeking waivers to also implement some aspects of the Administration's ESEA reauthorization proposals outlined in their ESEA blueprint released last year. We will continue to keep you updated on this as new information becomes available.