• CEC Reflects on Highlights in Special, Gifted Education Policy in 2006; Presses for More Congressional Action in 2007

CEC Reflects on Highlights in Special, Gifted Education in 2006; Presses for More Congressional Action in 2007

As this year comes to a close, CEC takes a moment to reflect on the major policy issues that have impacted students with disabilities and/or gifts and talents in 2006. From the release of the IDEA 2004 final regulations to a Congress unwilling to address education legislation, 2006 has been a rollercoaster year. Through it all, CEC members and others dedicated to advocating on behalf of students with exceptionalities have effectively informed members of Congress, their staffs and officials at the Department of Education on what issues matter to these students. CEC extends a big thank you to all current and future advocates!

109th Congress Stalls Education Funding; New Congressional Leadership Outlines Education Agenda

Although the federal fiscal year began on October 1, the 109th Congress completed only two of the 12 appropriations bills needed to provide federal funding for programs for the current fiscal year. With the Homeland Security and Defense appropriations bills completed, Congressional leadership chose not to address outstanding funding bills, including those addressing education and health programs. As a result, hundreds of programs in education alone have gone unaddressed by the exiting Congress. To ensure that federal programs were not left hanging, the Republican-led Congress passed a temporary measure to keep federal funding flowing to programs until mid-February, when a Democratic-led Congress will address these issues.

When the Democratic-led 110th Congress convenes in January 2007, it will have to address how to handle unaddressed funding measures for fiscal year 2007 -- four months into the current fiscal year by that point. Just one month after Congress reconvenes, the President will propose his budget recommendations for fiscal year 2008 in February, kicking off the start of the appropriations process. It is expected for fiscal year 2007 the House and Senate leadership will largely keep government programs running on fiscal year 2006 levels, and will add support in certain situations. Many democrats have acknowledged that keeping 2006 levels is not the ideal situation but it enables Congress to get back on track to addressing funding future fiscal years, and not the current fiscal year.

For IDEA this means that while program costs and the participation rate continue to rise -- placing an increased burden on states and localities -- the federal share under Part B of educating students with disabilities will decrease from 17.8 percent! IDEA programs for preschool grants (Part B section 619), infants/toddlers (Part C) and support programs (Part D) are expected to remain at the same funding level as last year, despite growth and increased costs. By rejecting CEC’s proposal to fully fund all parts IDEA (Part B, Section 619, C, D), Congress is once again breaking its 31-year-old promise to children and youth with disabilities and is placing a higher burden on states and localities for educating these children and youth.

Unfortunately, CEC expects another uphill battle in securing funding for the nation’s only federal program to support the needs of students with gifts and talents -- the Javits program. Last year, like years prior, President Bush and the House Appropriations Committee threatened to eliminate the program. CEC greatly relies on the power of the grassroots to generate support for this program. In 2005, 14 grants were awarded to the following 12 states: AZ, CA, CO, IA, MD, MA, MN, NH, NY (3), OH, TX, WY. Take a moment to tell Congress how critical gifted education/research is for students with gifts and talents.

Other unfinished business includes the reauthorization of the Higher Education Act, Head Start and the Workforce Investment Act, among other education legislation. CEC urges the 110th Congress to pursue these reauthorizations in an expeditious manner. For too long, these major legislative priorities have been plagued by controversial provisions and partisan bickering leading to a political stalemate. Throughout the legislative process, CEC has continued to proactively advocate for provisions that support students with disabilities and/or gifts and talents and the educators who work on their behalf. For example, CEC has long supported provisions that would provide for student loan forgiveness for special educators, increase opportunities for students with disabilities in higher education in the Higher Education Act. In addition, CEC has opposed a provision in the Head Start reauthorization which would allow employers to hire/fire based on religion. Read more about CEC’s positions on these issues.

Congressional leadership has unveiled a series of priority issues to be addressed during the first 100 hours of the 110th Congress in January. Included in this list of priorities is the need to address access to higher education by reducing the interest rate for student loans. In addition, the incoming Chairman of the House Education and the Workforce Committee, Rep. George Miller (D-CA) held a press conference last week to share his vision for the direction of the Committee and issues that will be addressed in the 110th Congress. Included in Rep. Miller’s priorities are:

Strengthen the middle class
Address the under funding of ESEA/NCLB
Strong commitment to early childhood education, including Head Start
Raise the minimum wage
Read, listen to Rep. Miller’s speech

During his press conference, Rep. Miller stressed the goal to reauthorize -- or rewrite -- ESEA/NCLB in 2007 to address changes, modifications and clarifications that need to be made to the law. Specific issues that Rep. Miller foresees as topics to consider during the NCLB reauthorization include using growth models to measure a student’s progress, addressing the needs of students with disabilities and English language learners, and addressing the under funding of NCLB. “This Administration [President Bush] has failed to keep its promise on the funding for NCLB”, stated Rep. Miller. Congressman Buck McKeon (R-CA), the outgoing chairman of the Education and the Workforce Committee has released a statement reflecting his desire to tackle legislation in a bipartisan, collaborative manner. Click here to read Rep. McKeon’s statement.

In preparation for the reauthorization of ESEA/NCLB, members of Congress have started holding hearings to determine what areas of the law to change and/or clarify. For the last year, CEC has been seeking input from its members in seven areas:

How would you change the requirements for becoming a highly qualified teacher under the new NCLB?
What should provisions surrounding multiple measures and growth measures in assessment and accountability look like under the new NCLB?
Do you think the NCLB provisions surrounding alternate and modified assessments based on alternate and modified achievement standards are effective practices for students with disabilities? Why or why not?
What may be the appropriate balance between sanctions and supports in the new NCLB?
CEC is aware that NCLB is under funded. What specific NCLB provisions need additional funding?
How should the new NCLB address the issue of instruction al and assessment accommodations?
What other issues should the new NCLB address?
To submit answers to these questions online, or to mail in a copy to CEC, click here. CEC is working with its members to develop a comprehensive document that will provide guidance to policymakers and staff.

As new and veteran members of Congress become acclimated to their committee assignments, CEC will continue to inform Members how education legislation -- particularly concerning funding -- will impact students with exceptionalities. Do you have a good working relationship with a member of Congress? Do you have a story of how federal IDEA/Javits funding has impacted you/your students? If so, let CEC know! Email kimk@cec.sped.org today!

If a new member of Congress represents you, CEC urges you to:

Invite the new Congressperson to visit your school, program
Schedule an appointment with your new Congressperson to educate them on issues that matter to you and your students.
Introduce yourself to your new Congressperson at community gatherings, parades, etc.
Visit CEC’s Legislative Action Center for more information!

See new committee members.

CEC thanks all who have sent an email to their elected officials using CEC’s Legislative Action Center. This year saw an increase in letters to Capitol Hill by nearly 70 percent! CEC depends on its effective grassroots network to help members of Congress understand issues that impact exceptional students, and appreciates your time and effort. CEC is viewed as a voice for children and youth on Capitol Hill due to your effective advocacy efforts – thank you!

Department of Education Releases IDEA Part B Final Regulations; Part C Regulations Yet to be Released

In August, the U.S. Department of Education announced the release of the much-anticipated IDEA 2004 Part B final regulations. Just in time for the start of the school year, the final regulations addressed new provisions special educators and administrators need to be aware of to ensure compliance with the law. To assist in the understanding of the new regulations, CEC held a series of workshops across the country to identify the changes in the law that educators need to be aware of, including:

New IEP provisions, such as including a statement of both academic AND functional goals; and including measurable postsecondary goals based on transition assessments
New discipline provisions, including new criteria for manifestation determination; and new timelines
New procedural safeguards provisions including a new dispute resolution process called “resolution session”, new timelines, and new regulations regarding attorney’s fees
New evaluation provisions, including a new 60-day timeline for an initial evaluation starting from time of parental consent
New private school provisions, including a change in the LEA with jurisdiction over child find for private school students with disabilities
And much more!
CEC has developed Understanding the IDEA 2004 Regulations, a comprehensive publication to assist in the understanding of the new IDEA regulations, consisting of a series of analyses of the IDEA 2004 regulations, a comparison to the 1997 regulations and PowerPoint presentation highlighting important changes. Also included is a CD containing all contents of the publication in an electronic format and the new regulations in a searchable format. Click here for more info!

CEC will also publish a book of frequently asked questions and answers on the new IDEA 2004 regulations. Look for more information in early 2007!

CEC is eagerly awaiting the release of the IDEA 2004 Part C proposed regulations for the infants and toddlers with disabilities program. While there has been some speculation that the release of these proposed regulations could come early in 2007, CEC has continued to urge the Department of Education to release the regulations as soon as possible and avoid repeating what happened for the 1997 regulations when the Department chose to wait for the reauthorization of IDEA and not issue any final regulations. IDEA Part C programs support early intervention services for infants and toddlers with disabilities ages birth through 2 years and their families.

On November 27, the U.S. Department of Education issued a request for public comments and recommendations on the Proposed Comprehensive Plan for IDEA Part D National Activities. IDEA Part D programs provide support to reach the goals of IDEA. This request, which was published in the Federal Register, seeks public input on changes or clarifications to help improve the Comprehensive Plan for IDEA Part D.

The Comprehensive Plan will assist in the implementation of activities authorized under IDEA Part D, subparts 2 and 3 (personnel preparation, technical assistance, model demonstration projects, dissemination of information and supports to improve results for children with disabilities).

The Comprehensive Plan addresses the following (IDEA Part D, subparts 2 and 3):

- Personnel Development to Improve Services and Results for Children with Disabilities

- Technical Assistance, Demonstration Projects, Dissemination of Information and Implementation of Scientifically Based Research

- Parent Training and Information Centers and Community Parent Resource Centers

- Technology Development, Demonstration, and Utilization; Media Services; and Instructional Materials

- Studies and Evaluation

You may access the Comprehensive Plan by visiting:

http://www.ed.gov/legislation/FedRegister/other/2006-4/112706d.html.

Comments on the Comprehensive Plan should be submitted to the Department of Education no later than January 11, 2007. Please share with CEC your views on the Comprehensive Plan by emailing pubpol@cec.sped.org by January 5, 2007. CEC will be issuing formal comments and recommendations to the Department before the deadline.

Outlook for 2007

The new political landscape in Congress presents new opportunities for CEC to advance a legislative agenda that focuses on students with disabilities and/or gifts and talents. With 2007 only weeks away, CEC is gearing up for a busy legislative year and is preparing for numerous policy issues including addressing ESEA/NCLB, the Higher Education Act, Head Start and the Workforce Investment Act. CEC urges the 110th Congress to make education a priority by focusing on completing unfinished business and providing new funding for education programs -- specifically, IDEA and the Javits program. While it is unknown what impact the new democratic-led House and Senate will have on education, it is certain that a new Congress enables CEC and its members to form new relationships and continue educating elected officials on the issues that impact students with disabilities and/or gifts and talents as well as those of the educators who work on their behalf.

When thinking of your New Year’s resolution, consider becoming more involved with CEC on behalf of students with disabilities and/or gifts and talents. Here are 5 ways to become involved:

1. Get to know your elected officials by inviting them to your program, visiting them in their home office or giving them a call.
2. Check CEC’s Legislative Action Center for the latest policy information and to write a letter.
3. Submit a success story for CEC’s Federal Outlook for Exceptional Children.
4. Tell CEC how ESEA/NCLB can be changed/improved.
5. Spread the word. Ask 5 friends and/or colleagues to sign up for CEC’s Public Policy Update! Email pubpol@cec.sped.org to subscribe.
   

Thank you for your advocacy efforts on behalf of students with disabilities and/or gifts and talents and the professionals who work on their behalf. Because of your efforts the lives of children and their families are enriched.

 

Best wishes for a happy holiday and New Year!

Dan, Deb, Jill and Kim

CEC Policy and Advocacy Team