• Senate Committee Passes Education Funding Bill; IDEA Level Funded, Javits on Life Support
• House-Senate Conference Committee Approves Perkins Reauthorization Legislation
• Americans with Disabilities Act Celebrates 16th Anniversary
• OSEP Issues NIMAS Regulations

Senate Committee Passes Education Funding Bill; IDEA Level Funded, Javits on Life Support

Last week, the Senate Appropriations Committee passed its version of the fiscal year (FY) 2007 Labor, Health and Human Services, Education, and Related Agencies (Labor- HHS) appropriations bill. This measure funds various federal agencies, including the Department of Education.

Unfortunately, the bill as passed by the Committee essentially funds IDEA at last year’s level, with a total funding amount of $11.4 billion. Part B grants to states was also funded at last year’s level, meaning that while the number of students in special education continues to climb, and the costs associated with educating those students increases, the actual percentage of IDEA full funding dips to 17 percent. In FY 2006, that figure was 17.8 percent. Under the House FY 2007 Labor-HHS appropriations bill, which the House Appropriations Committee passed last month, the percentage of IDEA full funding would dip to 17.2 percent.

Here is the funding breakdown for each of the IDEA programs in the Senate FY 2007 Labor-HHS bill as passed by the Appropriations Committee. Each of these programs was funded at last year’s level, except State Personnel Development Grants in Part D, for which no funds were provided, andTechnology Development, Demonstration and Utilization, and Media Services, which received an increase. The President did not request funds State Personnel Development Grants because the entire FY 2006 appropriation remains available for obligation through September 30, 2007. All figures are rounded.

State and Local Grant Program $10.582 billion

Preschool Grants $380.8 million

Early Intervention Program (Part C) $436.4 million

Part D Support Programs

State Personnel Development Grants $0 ($50.1 million in FY2006)

Personnel Preparation $89.7

Technical Assistance, Demonstration Projects, $48.9 million

Dissemination of Information, and Implementation

of Scientifically Based Research

Transition Initiative $2 million

This is a new Part D program under Technical Assistance, Model Demonstrations, and Dissemination of Information in IDEA 2004. The House did not provide funds for this program in its FY 2007 Labor-HHS appropriations bill.

Parent Information Centers $25.7 million

Technology Development, $38.4 million ($31 million in FT2006)

Demonstration and Utilization,

and Media Services

Research in Special Education at IES $71.8 million

While IDEA received paltry sums in the Senate Appropriations Committee bill, the Committee nearly halved the Javits grants program for students with gifts and talents, providing just $5 million! CEC considers this action in direct contradiction to President Bush’s stated goal of preparing our nation’s students to compete in the global marketplace. The Javits program examines strategies that support excellence in education – offering support for learners from populations that are often plagued by low expectations and training teachers in gifted education strategies so that students can far exceed proficiency. The Javits program does this by funding a national research center on gifted education and providing grants to assist in the education of students with gifts and talents.

In FY 2006, the Javits program received $9.6 million, which was down from $11 million in FY 2005. As a result of last year’s cut, no new grants were awarded, leaving the funding to sustain current programs and leaving no room for growth. CEC is concerned that if the full Congress approves this drastic cut, the Javits program will suffer greatly.

CEC considers the under-funding of IDEA and the Javits program an outrage, and will oppose final passage of both the Senate and House appropriations bills in their respective chambers.

It is almost certain the a final FY 2007 Labor-HHS appropriations bill will not be passed in either the full House or Senate until after the November elections. This may be a strategy to sweep these faulty bills under the rug to protect incumbent members of Congress at the ballot. Whatever the case, CEC will staunchly work to oppose both the House and Senate appropriations bills until Congress comes to its senses and provides sufficient funding to keep its 31-year-old promise to fully fund IDEA and provide positive programs for students with gifts and talents.

Read CEC’s Full Funding Document.

Read CEC’s Funding Recommendations for IDEA Part D.

Read CEC’s Budget Chart.

House-Senate Conference Committee Approves Perkins Reauthorization Legislation

Earlier this week, a House-Senate conference committee approved a compromise bill to reauthorize the Perkins vocational and technical education program. This action comes over a year after each chamber had passed its own version of the legislation. The Senate passed the conference agreement by voice vote on July 26, and the House is expected to pass the bill in the next couple of days. Then it will go to the President for his signature and become law.

CEC is generally pleased with the compromise legislation, because it incorporates numerous recommendations that CEC had made to Congress as a member of the Career and Technical Education coalition.

CEC is pleased that the conference report uses the term “career and technical education” instead of “vocational education”. This was a top priority for the CTE coalition. The conference report also focuses on the academic achievement of students enrolled in the Perkins program, and holds students’ achievement accountable in core academic subjects under No Child Left Behind.

The bill includes provisions to support the transition from secondary to post-secondary education. Funds may be used to connect secondary and postsecondary education goals to increase student achievement. According to the House Education and Workforce Committee, the conference agreement increases opportunities for articulation agreements between secondary and postsecondary institutions through identified progression of courses that culminate in a postsecondary degree. In addition, the bill encourages dual enrollment opportunities for students to earn both secondary and postsecondary credit. This is a provision that CEC advocated for.

The Perkins compromise bill allows states to combine funding for the Perkins state grant and Tech-Prep programs into one program. If a state chooses not to combine the two programs, added accountability measures have been put in place in the Tech-Prep program to ensure increased student achievement. CEC is happy that this provision has been included in the conference report.

In addition, the bill includes language that clarifies that nothing in the law give the federal government the authority to mandate or control a state, local educational agency, or school’s instructional content, and curriculum. It also states that federal approval of academic content or student academic achievement standards is not necessary to receive funds and a state’s refusal to apply for funds under the Perkins Act does not prevent that state from receiving funds under other federal education programs.

The compromise bill also maintains funding for state level activities as in the current law. Under this provision, 10 percent of a state’s funding allocation can be spent on state leadership activities, and 5 percent can be spent on state administrative activities. Other provisions that require states to match administrative activity funds and to maintain their state level investment in career and technical education remain the same as in the current law. This is another provision CEC advocated for.

The conference report maintains the current Tech Prep program as a separate Title within the bill with its own federal funding mechanism, but, states will have the flexibility to combine some or all of their Tech Prep grant with funds received under the basic state grant. If a state chooses to utilize this option, the combined funds must be distributed to local programs using the same formula as is used for basic state grant funds, and must be used for the same activities as those funds.

Read a summary of the Perkins conference report.

Read the entire conference report.

Americans with Disabilities Act Celebrates 16th Anniversary

On July 26, the Americans with Disabilities Act (ADA) – the nation’s premier disability rights legislation – celebrated its 16th anniversary. CEC hails the ADA as it has sought to eliminate barriers that have historically prevented individuals with disabilities from fully participating in the labor market and accessing public services, as well as its goal to provide public accommodations and telecommunication devices. CEC is pleased to recognize the anniversary of the ADA as a demonstration of how far the nation has come in recognizing the challenges faced by 54 million Americans with disabilities.

The ADA has had great successes over the last 16 years, including provisions that seek to ensure that newly developed public buildings are accessible to all individuals and prohibit employers from disability-based discrimination. The ADA has greatly impacted public school students with disabilities by ensuring that the design and structure of public buildings are accessible to individuals with disabilities, commonly referred to as section 504.

To celebrate its anniversary the National Council on Disability – a federal agency that provides recommendations to the President and Congress to enhance the quality of life for individuals with disabilities – hosted a town hall meeting featuring speakers from the education, labor, civil rights, housing, and health communities and participation from a variety of advocacy organizations, including CEC. John Hager, Assistant Secretary of the Office of Special Education and Rehabilitative Services within the Department of Education, highlighted three goals including, the goal to achieve true excellence for students with disabilities, using evidence-based practices and accountability measures for all students, and the goal of preparing individuals with disabilities for the labor market.

CEC was proud to participate in the town hall meeting to honor the 16th anniversary of the Americans with Disabilities Act.

OSEP Issues NIMAS Regulations

On July 19, the Office of Special Education Programs (OSEP) issued regulations on National Instructional Materials Accessibility Standard, or NIMAS. NIMAS is intended to help increase the number and timely delivery of printed materials that are accessible to students who are blind or may have print disabilities in elementary and secondary schools. NIMAS is required under IDEA 2004.

The new NIMAS regulations set August 18, 2006 as the effective date after which materials published must be in compliance with the NIMAS standard. The regulations also specifically define what is known as the Baseline Element Set that must be provided by publishers. In addition, the regulations define the Optional Elements and Guidelines for Use, Package File, and Modular extension. This means that all core print instructional materials that are requested for persons in elementary or secondary education with visual or print impairments that are printed after the August 18, 2006, effective date must provide the NIMAS file set.

CEC is in the process of analyzing these regulations and will report its findings in a future update.

Read the NIMAS regulations in their entirety