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Legislative Update: July 2009 |
By Laura Kaloi, Public Policy Director, NCLD
Published: July 15 2009
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Today, the National Center for Learning Disabilities (NCLD) is sharing publications, announcing new legislation and highlighting important news and events in the U.S. Congress, the Obama Administration and the Supreme Court.
In this issue:
- New Report: The State of Learning Disabilities
- Special Education Scorecards Released
- Kline Named House Education and Labor Committee's Senior Republican Member
- Fiscal Year 2010 Federal Appropriations
- IDEA Fairness Restoration Act Introduced
- Disability Groups Support Supreme Court Nomination
- Hearing on Use of Seclusion and Restraints in Schools
- Hearing on School Safety and Prevention of Bullying
- Posny Nominated for Assistant Secretary of Special Education and Rehabilitative Services
- Duncan Begins Listening and Learning Tour
- Department of Health and Human Services (HHS) Rescinds Medicaid Regulations
- Supreme Court Issues Decision in Special Education Case
New from the National Center for Learning Disabilities
New Report: The State of Learning Disabilities
The National Center for Learning Disabilities has released a groundbreaking new report on the status of children and adults with learning disabilities (LD) in America, The State of Learning Disabilities. This comprehensive report clarifies misperceptions about LD and provides benchmark data to compare and contrast how people with LD are faring in school and at work. The State of Learning Disabilities will be used to inform policy makers on Capitol Hill and will guide NCLD's policy and advocacy efforts over the next several years.
The State of Learning Disabilities — along with other policy-related reports produced by NCLD — provides accurate, data-driven information and recommendations to policy makers and the media to positively influence the education and disability policy debate.
Special Education Scorecards Released
NCLD has launched a major new initiative — Special Education Scorecards — to provide state-by-state data for advocates. Scorecards provide each state's special education enrollment, including students with learning disabilities, student performance on key performance indicators, federal funding provided to states in support of special education, as well as the state's latest rating by the U.S. Department of Education regarding implementation of the Individuals with Disabilities Education Act (IDEA).
On Capitol Hill
Kline Named House Education and Labor Committee’s Senior Republican Member
On June 17, 2009, Rep. John Kline (R-MN) was named by the House GOP Steering Committee to serve as the Senior Republican Member of the U.S. House Education and Labor Committee. Kline replaced Rep. Howard P. "Buck" McKeon (R-CA) as the panel's top Republican after McKeon assumed the role of Ranking Republican on the House Armed Services Committee.
Fiscal Year 2010 Federal Appropriations
Congress is making slow but steady progress on Appropriations for Fiscal Year 2010 — the only constitutionally-mandated activity of the Congress. Initial recommendations by the House Appropriations Subcommittee would provide federal funding for the Individuals with Disabilities Education Act (IDEA) at the same level as Fiscal Year 2009. This recommendation aligns with the Budget Request made by the President. NCLD will provide updates on the 2010 Appropriations process as it moves through the U.S. Congress.
IDEA Fairness Restoration Act Introduced
On June 5, 2009, the IDEA Fairness Restoration Act, H.R. 2740 was introduced by Congressman Chris Van Hollen (D-MD) and Pete Sessions (R-TX). The bill will allow prevailing parents to recover their expert witness costs in due process and litigation under the Individuals with Disabilities Education Act. This bipartisan bill will help level the playing field and make the right to due process meaningful for parents across America.
Disability Groups Support Supreme Court Nomination
NCLD was among some 28 organizations that came together to urge the Senate Judiciary to confirm Judge Sonia Sotomayor to the U.S. Supreme Court. In a letter to the Judiciary Committee Chair and Ranking Member, the groups expressed confidence that "Judge Sotomayor will bring her fair, thorough approach to disability rights cases to her work on the Supreme Court. Judge Sotomayor understands the language and purpose of the ADA and other disability rights laws."
Hearing on Use of Seclusion and Restraints in Schools
On May 19, 2009, the House Committee on Education and Labor held a hearing on "Examining the Abusive and Deadly Use of Seclusion and Restraint in Schools." In his opening statement, then Senior Republican Member McKeon states that "all students, but especially those with disabilities, have the right to attend a school that is a safe and rich learning environment. Even in cases where students with disabilities have serious discipline problems and may be a threat to themselves, it is important that teachers and classroom aides use interventions and supports that are both physically and emotionally safe for the child." Read NCLD's article on "seclusion and restraint" for more information on the hearing and related resources.
Hearing on School Safety and Prevention of Bullying
On July 8, 2009, the House Subcommittee on Healthy Families and Communities and the House Subcommittee on Early Childhood, Elementary, and Secondary Education held a joint hearing on school safety and the prevention of bullying. The hearing explored issues related to safe learning environments for students and witnesses discussed the need for a comprehensive approach to school safety, which includes more informative data collection procedures, emergency preparedness programs, student/parent/community involvement, and teacher training. For additional information, read the online archive of the hearing and written testimony.
Posny Nominated for Assistant Secretary of Special Education and Rehabilitative Services
President Obama has announced the nomination of Alexa Posny to serve as Assistant Secretary for Special Education and Rehabilitative Services. Currently, Posny serves as Commissioner of Education for the State of Kansas. Prior to this, Posny served as the Director of the Office of Special Education Programs (OSEP) for the U.S. Department of Education in 2006. Posny currently serves on NCLD's Professional Advisory Board.
Duncan Begins Listening and Learning Tour
In May 2009, U.S. Secretary of Education Arne Duncan announced plans to visit 15 or more states in the coming months to solicit feedback from a broad group of stakeholders around federal education policy in anticipation of the reauthorization of the Elementary and Secondary Education Act. According to the Dept. of Education press release, Duncan wants to insure that he visits a mix of rural, urban, suburban and ethnically diverse districts and hears from a broad range of stakeholders, including students, parents, teachers, administrators and community and business leaders. Specific events will vary from small group private meetings to large public forums. Regular updates about the "Listening and Learning Tour" are available on the U.S. Department of Education's blog.
Department of Health and Human Services (HHS) Rescinds Medicaid Regulations
Secretary Kathleen Sebelius announced that the Administration will rescind all or part of three Medicaid regulations that were previously issued and delay the enforcement of a fourth regulation. The proposed regulations — issued in 2007 by the Centers for Medicare and Medicaid Services (CMS) — would cut or eliminate Medicaid reimbursement for targeted case management, rehabilitation services, transportation and administrative claiming for Medicaid-eligible children with disabilities. If enacted, these regulations would have shifted financial responsibility to states totaling approximately $7 billion over five years. More information is available on the CMS web site.
Judicial Branch
Supreme Court Issues Decision in Special Education Case
In the only special education case of the term, the Supreme Court issues its decision in a private placement case from Oregon-Forest Grove Sch. Dist. v. T.A., 109 LRP 36046 (U.S. 2009) - on June 22. In that case, the Court said parents are not barred from seeking reimbursement for the cost of private tuition just because their children did not previously receive special education from the public school. More information about the case and decision is available on the Education Week web site.
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