1. U PDATE ON F EDERAL L EGISLATIVE ACTIVITY NASDSE Member Webinar July 20, 2012

2. W HAT T HIS P RESENTATION W ILL C OVER Funding – Budget Funding – Sequestration Funding – Appropriations  Senate Labor/Health & Human Services/Education  House Labor/Health & Human Services/Education Waivers Seclusion and Restraint legislation IDEA implementation Other ‘stuff’

3. B UDGET /A PPROPRIATIONS -- P REQUEL Starting point: FY 12 budget signed into law December 23, 2011 Included a 0.189% across-the-board cut to education programs including IDEA President’s FY 13 budget (dead on arrival) – emphasizes his signature education programs (Race to the Top, I3, School Improvement Grants) Level funding for IDEA Part B $20 M increase for Part C Slight increase for SPDGs Huge bump for the PROMISE Program (Promoting Readiness of Minors in SSI) Title I level funded

4. B UDGET C ONTROL A CT Signed into law August 2, 2011 Traded raise in debt ceiling for mandatory budget cuts Established ‘Super Committee’ to try and come up with budget cut plan Goal is to reduce deficit by $2.3 T over 10 years Step 1: Caps on discretionary spending ($841 B) Step 2: ‘Super Committee’ Step 3: Sequestration

5. W HAT I N T HE W ORLD IS S EQUESTRATION ?

6. S EQUESTRATION If Super Committee fails (which it did), then automatic cuts of $1.1 T take place automatically Affects defense spending (half of cuts) Nondefense discretionary spending (other half of cuts) Mandatory programs (SSA, Medicaid, most of Medicare protected) affected to different degree – most are protected Requires vote on balanced budget amendment

8. P OTENTIAL I MPACT OF S EQUESTRATION Would cut IDEA Part B $895.6M for FY 13 Would cut 619 $29.1 M Would cut Part C $34.2 M Would cut other special ed programs by $19.4 M

9. S PECIAL C ONCERN RE S PECIAL E DUCATION F UNDING Four programs, including IDEA, Part B have forward funding: Title I, Title II (Teacher Quality State Grants), and Career and Tech Ed State grants On January 2, 2013, there will be four pots of funds available: FY 12 forward funded budget authority FY 13 advanced appropriations FY 13 forward funded budget authority FY 14 advanced appropriations (included in FY 13 appropriation bill) How will sequestration affect each of these pots of money?

10. G OOD R ESOURCES ON S EQUESTRATION AASA survey on sequestration: http://www.aasa.org/uploadedFiles/Policy_and_A dvocacy/files/AASA%20Sequestration%20July%2 02012.pdf http://www.aasa.org/uploadedFiles/Policy_and_A dvocacy/files/AASA%20Sequestration%20July%2 02012.pdf NEA fact sheet: http://www.nea.org/assets/docs/Disastrous_Impac t_of_Sequestration_on_Education.pdf http://www.nea.org/assets/docs/Disastrous_Impac t_of_Sequestration_on_Education.pdf Center on Budget and Policy Priorities: www.cbpp.org www.cbpp.org

11. B UDGET /A PPROPRIATIONS

12. FY 13 B UDGET /A PPROPRIATIONS P ROCESS Understand the process: first a budget (maybe?), then appropriations In the House – Ryan budget (passed in March) cuts 3 times greater than the Sequestration targets Would cut Dept of Ed by more than $115 B over ten years In FY 13, would cut annual nondefense funding by 5%; by 2021 by 19 % In the Senate – no budget – argued that Budget Control Act set budget caps – so went straight to Appropriations

13. A PPROPRIATIONS Senate went first with the Labor/HHS/Education bill (6/14) Increases Title 1 by $100 M ($14.616 B) Increases IDEA Part B by $100 M ($11.677 B) Increases IDEA Part C by $20 M ($462.7 M) Cuts Personnel Prep by $2 M ($86.2 M) Increases SPDG by $1 M + ($45 M) Increases Parent Information Centers ($29.9 M) PROMISE Program increased to $11.9 M

14. A PPROPRIATIONS IN THE H OUSE Subcommittee markup held 7/18 Increases IDEA Part B funding by $500 M Overall cut to Education (for FY 13) is $1.1 B Bill includes lots of policy issues, e.g., defunding the Affordable Health Care Act. Full Committee markup scheduled for next week No plan to bring this measure to the House floor for a vote So why are they doing this?

15. ESEA R EAUTHORIZATION

16. ESEA R EAUTHORIZATION – I N THE H OUSE H.R. 2218 – Charter Schools bill -- passed the House H.R. 2445 – Flexibility in using Federal Funds H.R. 1891 – Repeals ineffective or ‘unnecessary’ education programs to focus federal programs on quality programs for disadvantaged children H.R. 3989, the Student Success Act and H.R. 3990, the Encouraging Innovation and Effective Teachers Act These four passed out of Committee; not sent to House floor

17. H.R. 3989 – T HE S TUDENT S UCCESS A CT (T ITLE I) Eliminates AYP – student achievement and turnaround around low-performing schools given to states and districts States establish academic standards in reading and math and other subjects if they so choose Annual assessments in reading and math, but not science Maintains subgroups States have flexibility to develop turnaround models Codifies 1% alternate assessment without a cap

18. M ORE ON H.R. 3989 Eliminates Highly Qualified Teacher provisions Eliminates 40% poverty threshold for school-wide programs Caps appropriations

19. ESEA IN THE S ENATE : Bill marked up last October (but still no bill number) Issues Accountability – no annual measurable goals Continues subgroup disaggregation Seven turnaround models States need to set college and career-ready standards What about the 1%/2% assessments? No AYP – substituted continuous improvement Highly effective teachers - not based on student test scores Focus on lowest performing 5% of schools

20. L ET ’ S T ALK ABOUT H IGHLY Q UALIFIED T EACHERS What does the current law say? How did the FY 11 appropriations bill change the definition of HQT? Those in alt cert programs now considered highly qualified What will a new ESEA bill do? Both Senate and House bills weaken HQT provisions/Kline bill eliminates it and sends it back to the states How to reconcile with language in IDEA? No one seems to be thinking about this

21. ESEA F LEXIBILITY

22. ESEA W AIVERS 32 states + DC now have waivers More coming soon Other states seeking “freezes” Not yet answered: How do SEAs and LEAs transition from NCLB to waivers and from waivers to new ESEA?? LEA Waivers Resource on Waivers: http://www.ed.gov/esea/flexibility http://www.ed.gov/esea/flexibility

23. W HAT H APPENS N OW ?

24. NOTHING

25. S ECLUSION AND R ESTRAINT L EGISLATION

26. Rep. Miller introduced H.R. 1381 last April – Sen. Harkin introduced S. 2020 last December – Keeping All Students Safe Act Ends locked seclusion Prohibits in IEP Violation = Automatic Denial of FAPE Held hearing on PBIS 7/12 Biggest Issues: Prohibition on inclusion in IEPs or behavior plans Parent contact/meeting $$ for training

27. IDEA I MPLEMENTATION

28. R ESULTS B ASED A CCOUNTABILITY I NITIATIVE Not a Congressional issue Lots of questions

29. W AITING IN THE W INGS Workforce Investment Act (WIA) reauthorization including voc. rehab. Child Care Development Block Grant (CCDBG) Perkins (career and tech ed) Education Sciences Reform Act All come before IDEA reauthorization

30. Q UESTIONS ?