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Legislative Update: September 2011 |
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By Laura Kaloi, Public Policy Director, NCLD
Published: September 8 2011
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Immediate Outlook
As Congress returns to legislative activity in early September, the most immediate issue impacting education will be the October 1st start of the 2012 Federal fiscal year. Since Congress is unlikely to finalize the bill which funds programs through the U.S. Department of Education, it will have to pass a continuing resolution (CR) to ensure the department, and other federal agencies, can continue to operate. As you may remember, Congress passed a series of short-terms CRs to continue to allow the federal government to operate before a 2011 fiscal year funding deal was reached in May of this year. As with those CRs, it is possible that Congress enacts cuts to certain education programs. The recent legislation passed by Congress requires further cuts in federal spending below the levels enacted in fiscal year 2011, placing further pressure on Congress to trim even popular education programs with bipartisan support. This could mean cuts to programs such as Title I and IDEA. NCLD will continue to monitor the progress of CR discussions in Congress.
In addition, the Administration is focused on their jobs package and establishing a process for granting states waivers of certain ESEA provisions.
Senate
Highlights
- Chairman Tom Harkin (D-IA) and Ranking Member Mike Enzi (R-WY) of the Senate Health, Education, Labor and Pensions Committee (HELP) are negotiating a comprehensive single bill to reauthorize the Elementary and Secondary Education Act (ESEA), the federal law for general K-12 education. ESEA is important for students with learning disabilities because the law holds schools accountable for all students’ academic achievement and students with disabilities as a separate subgroup.
- The HELP Committee is also working to reauthorize the Workforce Investment Act (WIA). WIA funds adult and youth job training, including to individuals with LD, adult education and vocational rehabilitation (specific job training services for individuals with disabilities).
- Chairman Harkin and Ranking Member Enzi have been continuing member and staff work to negotiate a bipartisan reauthorization of the Elementary and Secondary Education Act (ESEA) or No Child Left Behind (NCLB). Negotiations have focused on a single bill to 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. It is expected that negotiations will widen in the coming weeks to include all of the HELP Committee Members. 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). 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 and legislative activity is possible in the coming months. Several markup dates were scheduled for the Senate bill in June and July, but were subsequently delayed. 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), but a new markup has not been formally scheduled for WIA.
House
Highlights
- The House Committee on Education and the Workforce is reauthorizing ESEA in parts, and is expected to consider ESEA through 4 or 5 different and separate bills.
- The Committee has already passed 3 bills: Setting New Priorities in Education Spending Act (H.R. 1891), Empowering Parents through Quality Charter Schools Act (H.R. 2218), and State of Local Funding Flexibility Act (H.R. 2445) Click here to read NCLD’s report on Charter Schools and our Charter Schools recommendations for ESEA.
- As mentioned above, it is possible that the House begins to focus on WIA reauthorization in the coming months.
The House Committee on Education and the Workforce, chaired by Congressman John Kline (R-MN) has taken action on three 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 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.
The third bill, the State of Local Funding Flexibility Act (H.R. 2445) was introduced by Chairman Kline (R-MN), and passed the House Committee on Education and the Workforce, 23 members voting for the bill and 17 voting against it. H.R. 2445 will provide states and school districts flexibility in using certain ESEA program funds for other ESEA program activities (for example using Title I funding for teacher training under Title II). The bill would also allow schools to have the option to support early intervening services authorized under the Individuals with Disabilities Act (IDEA).
Chairman Kline has publicly stated that he intends to complete House action on the ESEA, through this series of bills, by the end of this year. The House Committee is likely to markup an ESEA teacher bill or other parts of ESEA in October. The provisions of this bill are currently in discussion between the Republicans members and staff of the Committee. While specifics have not yet been publicly released, the bill is not expected to be bipartisan.
Administration
Accountability
Secretary of Education Arne Duncan has announced his intention to initiate a waiver process for portions of NCLB later this fall. In early August Duncan announced the Department’s intention to allow states to apply for waivers of ESEA’s accountability and other provisions in exchange for adopting (or showing evidence of previous adoption) reforms closely aligned with the Administration’s Race to the Top program. While little specificity has been released about the specific waivers that will be granted, it is expected that the application for States will be available in mid-September.
NCLD staff attended a meeting in August at the White House regarding the Budget Control Act. After the Labor Day holiday the Administration plans to focus on their job package to boost the economy, the Fiscal Year 2012 fight for the budget and the Super Committee. The jobs package is likely to include several education related provisions, including funding for school renovation and support for retaining or hiring back teachers who have been laid off.
New Guidance on State IDEA Funding Will Jeopardize Students with LD
A letter first released by the U.S. Department of Education in June has raised new and troubling issues regarding the amount of fiscal effort a school district must maintain under the Individuals with Disabilities Education Act (IDEA).· Under IDEA, school districts are required, with limited exceptions, to maintain the amount of non-Federal funds they spend on special education.· The purpose of this provision is to ensure that Federal special education funds are not simply switched out for local or State funds without any added value for schools and students with disabilities.· The U.S. Department of Education asserts in its letter to states that school districts which reduce their local expenditure on special education and can use this reduced level in the subsequent year in meeting IDEA’s maintenance of effort requirements.·
This letter, while offered as informal guidance by the Department, sets an extremely bad precedent of rewarding certain school districts which violate the maintenance of effort requirement by allowing them to permanently reduce their level of fiscal effort.· This translates into less funding to ensure a free, appropriate, public education (FAPE) and provide services for students with disabilities in subsequent years.· NCLD will continue to monitor this guidance and its implications for future policy.· The Department’s letter and additional information can be accessed through The Advocacy Institute’s IDEA Money Watch initiative here.
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