1. 2012 MCEC Legislative Update Presented by Michigan CEC And Greg LaMore Assistant Superintendent for Special Needs at OAISD and MCEC Legislative Liaison

2. Agenda - What’s going on in DC? - ESEA (NCLB) - IDEA and - Restraint and seclusion - What’s going on in Michigan? - Cyber schools - 22-26 - Communicating with your congressional representatives through the Legislative Action Center - Finding the information you need / useful websites

3. The Council for Exceptional Children National CEC http://www.cec.sped.org Michigan CEC http://www.michigancec.org

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5. IT’S AN ELECTION YEAR! And Just In Case You Haven’t Noticed

6. 6 Campaign Season has begun!

8. FY 2012 Proposed Budget

9. Federal Budget In January the President and Congress agreed to continue the current budget until September 2012 The 1.5% cut to IDEA was restored If the President and Congress don’t agree on a new budget, the original budget and cuts go into effect January 1, 2013. Those cuts could be 8-9% across the board including IDEA. (1.5%=$600,000)

10. The President’s Proposed Budget ProgramFY 2012President’s Request FY 2013 Difference IDEA Part B$11,577.9 Level Part B Section 619 Preschool $372.6 Level IDEA Part C Infants/Toddlers $442.7$462.7Increase $20 million

11. The President’s Proposed Budget ProgramFY 2012President’s Request FY 2013 Difference Personnel Development $43.9$45Increase $1.1 m Technical Assistance $46.8 Level Personnel Preparation $88.3$85.8Decrease $2.5 m Parent Information Centers $28.9 Level Tech/Media Services $29.6 Level SE Research$49.9 Level

13. How big is the education budget?

14. Questions What do you believe is the role of the federal government in education? Does your belief change depending on the law/regulation? (IDEA vs ESEA) Is IDEA a funding Act or a Civil Rights Act? Is ESEA a funding Act or a Civil Rights Act? Should the federal government have a role in funding education programs or is that a state’s responsibility?

15. What Impacts Education Legislation? Ruling Party? Hot Political Issues (i.e. Budget, economy, healthcare) Revisiting the Base: (i.e. influence of Tea Party philosophy) Political Climate (Preparation for 2012 elections) Education Legislation

16. ESEA (NCLB) Reauthorization The House side has it’s version and the Senate side a different version. And both parties have their own views What is clear… everyone agrees change is needed and that AYP must go. Can the parties, the President and congress agree on a bill?

18. Bi-Partisan Senate Initiatives Major Changes Include: Different Accountability System College and Career Standards Growth Option Three Levels of Performance: basic, on-track, advanced Focus on 15% of schools with lowest achieving schools Reporting of subgroup performance Different Assessment System 2015-2016 States to adopt/implement new statewide assessments that are aligned to college and career standards, measure growth and MAY include multiple assessments.

19. US House Education and Workforce Committee Introduced two bills (Still draft): Student Success Act Encouraging Innovation and Effective Teachers Act And why are these bills important to you/me?

20. What would the House (Draft)Bills do? Eliminate AYP

21. What would the House (Draft)Bills do? Eliminate 1% provision on assessments

22. What would the House (Draft)Bills do? Eliminate Highly Qualified (HQ) Provisions

23. What would the House (Draft)Bills do? Eliminates Maintenance of Effort (MOE) What’s that???

24. What would the House (Draft)Bills do? Increase Charter Schools

25. What would the House (Draft)Bills do? Increase likelihood of vouchers

26. What would the House (Draft)Bills do? Provide funding flexibility with Title 1 dollars

27. MOVE MOST OF THE ABOVE ACCOUNTABILITY PROVISIONS TO STATES And Finally, What would the House (Draft)Bills do?

28. ESEA Waivers A State may request flexibility through waivers of certain provisions of ESEA including: 2013-2014 Timeline for Achieving AYP District and School Improvement Accountability Requirements Use of Federal Funds To receive a waiver a state must: Adopt College and Career Ready Assessments and Standards Develop new accountability systems Set basic guidelines for teacher and principal evaluation systems

29. What About IDEA Reauthorization? Not a chance until ESEA is reauthorized!

30. Restraint and Seclusion S 2020 “Keeping All Students Safe Act” (Sen. Harkins) Updated version of previous drafts Prohibits seclusion Requires all personnel witnessing event to participate in debriefing Not following all requirements means denial of FAPE? Chances of bill passing-slim.

31. Michigan So what’s going on closer to home?

32. Michigan (MDE) Updates The Office of Special Education and Early Intervention Services (OSE-EIS) Is now known as: Office of Special Education

33. News/Updates OSE Released Updated Administrative Rules for Special Education (October 2011) Significant points: Changes most timelines to be in “School Days” and eliminates “Calendar Days” Clarifies timelines for completing a reevaluation. Same as initial, 30 school days Notice of FAPE, within 7 school days of completed IEP

34. Rules update (continued) The district must document proof that it delivered timely notice to the parent Creates a new rule related to Teacher Consultant, allowing a TC position that does not carry a caseload For students transferring from out of state:  The revisions require that districts provide eligible transfer students with a FAPE immediately and decide within 30 school days of the student's enrollment whether to implement that IEP  And treat the IEP as an initial evaluation/IEP

35. Other MDE-OSE Updates Working on Guidance Documents  New Rules  Early On  Proportionate Share  Funding issues Preparing Next Rule Release

36. Michigan-Lansing Politics So what is it they say about Lansing? “It’s 100 square miles surrounded by reality!”

37. Cyber Schools What are we concerned about? What is the cost of operating a Cyber School compared to a traditional school? How much profit is fair?

38. Cyber Schools What are we concerned about? Question for the audience- Who is responsible for provision of services to students with disabilities?

39. Cyber Schools The Issues: A cyber school is a PSA/charter school MI School Code, MCL 380.1701 – “the public school academy is considered to be a local school district under this article” MI School Code, MCL 380.1751 – “a local school district shall provide special education programs and services”

40. Cyber Schools The conflict in code/rules: The State Aid Act, at MCL 388.1651a(15) – “the provision of special education programs and services and the payment of the added costs of special education programs and services for the pupil are the responsibility of the district and intermediate district in which the pupil resides” **Confusion with SOC 105c language.

41. Cyber Schools So, the question is: If a student resides in Marquette but is enrolled in a Cyber School in Lansing, who is responsible for the provision of special education services? Will Marquette taxpayers agree to fund (Act 18 $) a service for a student enrolled in another county? Conversely, can the Cyber School, located in Ingham ISD access local Act 18 funds for the services benefiting a student who does not reside in the county or whose parents do not pay those taxes in the county?

42. Programs and services for students aged 22-26 Issue: A draft bill was created, but not introduced, by Rep. Agema (R-Grandville) The original idea was to cut expenses for programs not required by federal law Kent and Ottawa ISD’s had meetings with the Representative to provide input. He tabled the draft pending further input (Including from MAASE).

43. Programs and services for students aged 22-26 Issue (cont.): MAASE developed a “Concept Paper” outlining an alternative to elimination, focusing more on improved transition coordination with other agencies. Most of the provisions recommended by MAASE likely would be included should any new draft be developed. “It’s an election year”

44. Becoming Politically Active Most legislators really do care about what you think They want to know what the impact of their work is or would be back home Most are really nice people who want to do what’s right Communicating with them is easier than you think!

45. PROVIDE COMMENT ON: WHAT YOU LIKE/SUPPORT, WHAT YOU WOULD LIKE TO SEE CHANGED, IF A SECTION IS UNCLEAR, SAY SO. GIVE MODEL LANGUAGE/SUGGESTIONS IF POSSIBLE REMEMBER, EVERY COMMENT COUNTS! IF YOU SUBMIT COMMENTS AS A GROUP, THEY COUNT AS ONE. COMMENT INDIVIDUALLY AS WELL. When you have opportunities for Public Comment

46. Policy Tools

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48. Policy and Advocacy Visit the CEC Legislative Action Center http://www.cec.sped.org - Go to the Policy and Advocacy tab - Left side column click on the Legislative Action Center

49. Other Resources for Information Michigan Department of Education/Office of Special Education (MDE/OSE) http://www.michigan.gov/mde Michigan CEC http://www.michigancec.org Michigan Association of Administrators of Special Education (MAASE) http://www.maase.org/

50. Questions?????