CEC Welcomes Troy Justesen as He Takes Helm of OSERS
Ongoing Feature -- Presidential Candidate Positions for 2004
Rep. Bass Introduces IDEA Full Funding Bill
Rep. Charles Bass (R-NH) on February 11 introduced H.R. 3802, the ³IDEA Full-Funding
Act of 2004.² This bill is similar to the bill that Senators Hagel and Harkin
introduced in the Senate last year. The bill would amend part B of the Individuals
with Disabilities Education Act (IDEA) to provide full Federal funding of such
part, to provide an exception to the local maintenance of effort requirements,
and for other purposes.
Along with Rep. Bass, Rep. Jeb Bradley from New Hampshire, Rep. Mike Ferguson
from New Jersey, and Rep. Rob Simmons from Connecticut have co-sponsored the bill,
which was referred to the House Committee on Education and the Workforce for consideration.
Action to Take. Itıs important that we get as many members
of Congress to co-sign this important piece of legislation BEFORE the House and
Senate conference their individual IDEA reauthorization bills. CEC has put a letter
on its Legislative Action Center that you can send to your Representative, urging
him or her to co-sponsor H.R. 3802. Simply go to http://capwiz.com/cek/issues/alert/?alertid=5091656&type=CO
and enter in your zip code to send your messages. Let your members of Congress
know how important it is to fully fund IDEA!!!!
FY ı05 Budget Update
As we discussed in our February 4th Update, President Bush released his proposed
FY ı05 Budget earlier this month. CEC is, at the very least, disappointed in the
Administrationıs lack of commitment to increase funding for programs that support
children with disabilities and those with gifts and talents.
Luckily, the Presidentıs proposed figures are not written in stone. Congress may
choose to follow Bushıs budget request very closely when determining appropriations
amounts for federal programs, or they may choose to set their own priorities and
establish their own levels of spending.
Congress will take up the Budget Resolution in March. The Budget Resolution is
only a blueprint for spending; it does not become "law" and so does not go to
the President for his signature or veto. However, the budget is important for
determining whether there will be overall increases in discretionary funding so
that individual programs can receive increases through the appropriations process
in the early summer.
Reportedly, the conservative Republican Study Committee and the Tuesday Group
of moderate Republicans unveiled 12 "consensus principles to reduce spending"
recently at a Republican Conference meeting. At the plan's core is an annual joint
(House and Senate) budget resolution that would be signed by the President and
have the force of law. Spending that exceeds caps would be designated as "uncontrolled
debt" by the Office of Management and Budget (OMB), triggering across-the-board
cuts in spending for all programs except Social Security and Medicare. It would
narrow budget functions to four instead of ten and create a "rainy day" account
for emergency spending. It would also reintroduce pay-as-you-go requirements,
allowing points of order against spending not included in the budget; limit advance
appropriations; impose program sunsets; establish a bipartisan commission to recommend
elimination of wasteful spending; and grant the president authority to rescind
wasteful spending, subject to congressional approval, among other things.
At the conference meeting, conservatives reportedly agreed that Congress should
cut discretionary spending by 1%, excluding Defense and Homeland Security, and
mandatory spending should also be cut by 1%.
Representative Michael Castle (R-DE), co-chairman of the Tuesday Group, indicated
that, although conservative and moderate Republicans are not united on spending
cuts, they agree that the President's levels should be seen as a ceiling and perhaps
programs should be cut below those levels.
The Republican Main Street Partnership, another group of Republican Moderates,
have reportedly announced that the top issues on their agenda are increasing funding
for education and the National Institutes of Health in FY 05.
Reportedly, the White House has asserted that it was determined to pass President
Bush's FY 05 budget plan. White House Press Secretary McClellan stated that Bush's
FY 05 budget significantly reduced discretionary spending.
House Republican leadership still hopes to complete its budget resolution by March
15, and have both chambers pass a final budget resolution by the statutory April
15 deadline.
IES Issues Guide on Evidence-Based Education
The U.S. Department of Educationıs Institute of Education Sciences (IES), through
the National Center for Education Evaluation and Regional Assistance (NCEE), has
released a guide on evidence-based education. Entitled Identifying and Implementing
Educational Practices Supported By Rigorous Evidence: A User Friendly Guide,
this Guide seeks to provide educational practitioners with user-friendly tools
to distinguish practices supported by rigorous evidence from those that are not.
According to information from the Department:
The field of K-12 education contains a vast array of educational interventions
such as reading and math curricula, schoolwide reform programs, after-school
programs, and new educational technologies that claim to be able to improve
educational outcomes and, in many cases, to be supported by evidence. This evidence
often consists of poorly designed and/or advocacy-driven studies. State and local
education officials and educators must sort through a myriad of such claims to
decide which interventions merit consideration for their schools and classrooms.
Many of these practitioners have seen interventions, introduced with great fanfare
as being able to produce dramatic gains, come and go over the years, yielding
little in the way of positive and lasting change a perception confirmed by the
flat achievement results over the past 30 years in the National Assessment of
Educational Progress long-term trend.
The federal No Child Left Behind Act of 2001, and many federal K-12 grant programs,
call on educational practitioners to use ³scientifically-based research² to guide
their decisions about which interventions to implement. As discussed below, we
believe this approach can produce major advances in the effectiveness of American
education. Yet many practitioners have not been given the tools to distinguish
interventions supported by scientifically rigorous evidence from those that are
not. This Guide is intended to serve as a user-friendly resource that the education
practitioner can use to identify and implement evidence-based interventions, so
as to improve educational and life outcomes for the children they serve.
To read the full text of the Guide, go to: http://www.ed.gov/rschstat/research/pubs/rigorousevid/index.html
CEC Welcomes Troy Justesen as He Takes Helm of OSERS
Troy R. Justesen has been delegated the authority to carry out the functions of
the position of Assistant Secretary for the Office of Special Education and Rehabilitative
Services (OSERS) in the U.S. Department of Education.
In this position, Justesen will serve as the principal adviser to the U.S. Secretary
of Education on all Departmental matters related to special education and rehabilitative
services and provide overall direction, coordination and leadership to OSERSı
four components, the Office of the Assistant Secretary (OAS), the Office of Special
Education Programs (OSEP), the Rehabilitation Services Administration (RSA) and
the National Institute on Disability and Rehabilitation Research (NIDRR).
As we stated in a CEC Update late last year, Robert H. Pasternack resigned the
position of Assistant Secretary of OSERS effective January 2nd 2004.
Serving people with disabilities, especially students, has been an underlying
theme throughout Justesenıs career. From teaching as an elementary educator to
reaching out to students, teachers and employers through the White House, Justesen
has amassed an extensive background in education, employment and disability policy.
Justesen is recognized as a national disability leader and uses a motorized scooter
for mobility.
Before coming to OSERS, Justesen served as the Associate Director for Domestic
Policy at the White House, assisting the Offices of Domestic Policy and Public
Liaison with the implementation of President George W. Bushıs New Freedom Initiative
(NFI) and other initiatives important to people with disabilities.
Working on issues of importance to students with disabilities, Justesen also served
as the Deputy Executive Director of the Presidentıs Commission on Excellence in
Special Education (PCESE). In this capacity, he was the principal draft writer
of a report to the President, ³A New Era: Revitalizing Special Education for
Children and their Families,² recommending policy reform for the 2003 reauthorization
of the Individuals with Disabilities Education Act (IDEA). As Deputy Executive
Director, Justesen had specific responsibilities for advising each member of the
Commission about all aspects of regular and special education policy and legislation
under the No Child Left Behind Act (NCLB) of 2001, the Individuals with Disabilities
Education Act (IDEA) and the Rehabilitation Act.
Prior to his work with the Commission, Justesen served for more than three years
as an Education Policy Analyst with the U.S. Department of Education in the Office
of Special Education Programs (OSEP), providing expert technical assistance on
the implementation of the IDEA to parents, educators, and state and local education
agency administrators.
In the late 1990s, Justesen served as an ADA/504 compliance officer and program
director, providing services to students. He also has taught as an adjunct professor
of special education, supervising field experiences for undergraduate and graduate
students.
Justesenıs career began with the Northern Utah Independent Living Center, where
he served as the first Northern Utah Assistive Technology Coordinator for the
Utah Assistive Technology Project. The assistive technology project initiated
a state-level systems change effort to increase the affordability and usability
of assistive technology for individuals with disabilities.
CEC looks forward to working with Mr. Justesen in this new capacity.
Presidential Candidate Positions for 2004
As you know, 2004 is a Presidential election year. Americans will have the opportunity
to choose between President Bush, whomever the Democratic Party nominates, and
any other major candidates for President. Below, CEC is presenting the special
education and disability-related records and agendas of the three front-running
Democratic Presidential candidates. Over the next few weeks, we will continue
to update you with any relevant information, including campaign-related Internet
links, which the leading Democratic candidates may provide on these issues.
Since President Bush will be the Republican nominee for President, please see
the following Administration Websites to learn more about his positions on these
issues: http://www.whitehouse.gov/infocus/newfreedom/,
http://www.whitehouse.gov/infocus/education/
http://www.ed.gov/index.jhtml
* NOTE: CEC is bipartisan and does not endorse
any candidate running for government office. We are sharing the candidatesı positions
on special education and disability issues for your information only.
As of right now, there are three Democratic front-runners who are vying for the
Democratic nomination: John Kerry, Howard Dean, and John Edwards.
John Kerry's Policy Platform and Vision for America
John Kerry has stated the following concerning Freedom, Independence, and choices
for Americans with Disabilities:
All Americans have an inherent right to be treated as equal citizens of our nation.
Now more than ever, people with disabilities can live fuller, more productive
lives if afforded the right opportunities and supports. John Kerry's plan will
strengthen Medicaid and Medicare, fully fund IDEA, and construct creative solutions
to the transportation, technology, and housing needs of individuals with disabilities.
Kerry believes that the government should not be investing in tax giveaways for
the wealthiest Americans while the IDEA is underfunded and Medicaid is in danger
of being weakened, and he will fight the far right's efforts to undermine the
Americans with Disabilities Act.
Kerry goes more in-depth in his positions concerning IDEA issues, as follows:
Creating Educational Opportunities
If the goal of the disability-rights movement is to create opportunities for Americans
with disabilities equal to those of their peers without disabilities, then education
is the key that opens those doors. Empowering Americans with disabilities to be
productive, job-holding, tax-paying citizens is both a moral obligation and an
economic win.
John Kerry's plan includes:
(1) MANDATORY, FULL FUNDING FOR IDEA. This year, full funding would have cost
an additional $13 billion. President Bush puts a higher priority on tax cuts for
the wealthy and is picking up less than half of the federal tab. Kids with disabilities
still are not getting the services they need. IDEA must be fully funded.
(2) STRONG ENFORCEMENT AND REAL COMPLIANCE WITH IDEA. Situations involving non-compliance,
no matter how unintended, cannot be resolved so long as they go undetected. Strong
enforcement means measuring key educational and functional indicators on both
the State and local levels, requiring every State to file a federal compliance
plan, deploying an array of tools to ensure compliance, and as a last line of
defense, making sure that all procedural safeguards are defended. Funding must
be provided to make this data collection and oversight possible.
(3) MAINTENANCE OF ACCOUNTABILITY FOR SPECIAL EDUCATION. No Child Left Behind
is far from perfect, but accountability for special education students is long
overdue. We must do a better job educating our school in the use of alternative
assessments and IEP timetables. John Kerry will direct the Secretary of Education
to provide states with guidance that has been sorely lacking under the Bush Administration.
(4) PROMOTING PARTICIPATION IN SERVICE LEARNING. Involving special education children
in service learning programs provides a wonderful chance to be an integral part
of a team, uncover hidden talents, and share meaningful experiences with their
peers without disabilities. John Kerry will work to spread such programs cross
the country and encourage efforts within the Corporation for National and Community
Service (AmeriCorps) to reach out to individuals with disabilities.
(5) IMPROVING ACCESS TO HIGHER EDUCATION. John Kerry is committed to equipping
the next generation of students with disabilities with the tools to succeed through
improving access to higher education. His plan will improve transitional planning,
promote access and awareness in disability services, improve service coordination,
provide work-study alternatives, and collect data on students with disabilities
to provide a true scientific understanding of the realities on the ground. He
would also direct the Secretary of Education to solicit disability status and
accommodation-cost data so that tools to take further meaningful action are available.
For more information about John Kerryıs positions, go to: http://www.johnkerry.com/issues/awd
Howard Deanıs Disability Rights Platform
Howard Dean has stated the following concerning the Americans with Disabilities
Act (ADA), the Individuals with Disabilities Education Act (IDEA), and other disability-related
issues:
³The ADA is one of the most important civil rights laws ever passed by Congress.
By requiring public buildings to be accessible and by outlawing discrimination
on the basis of disability in employment and public accommodations, the ADA has
provided new opportunities for more than 54 million people living with disabilities.
The best way to mark the anniversary of the passage of the ADA is to build upon
its success by expanding the horizons of Americans with disabilities.
"First of all, we need to restore the full promise of the ADA itself. Right wing
judges, led by Chief Justice Rehnquist and Justices Scalia and Thomas, have narrowed
the scope of the ADA. They have severely limited the employment protections in
the Act, dismissing cases brought by qualified disabled people, and interpreting
the Constitution to shield state governments from lawsuits seeking to enforce
rights under the ADA. President Bush has nominated judges like Jeffrey Sutton
and William Pryor whose advocacy has undermined the ADA and other civil rights
laws.
"If I am elected President, I will appoint judges who understand that civil rights
laws must be interpreted broadly, and who do not erect imaginary constitutional
barriers to the enforcement of civil rights. Congress may also need to amend the
ADA to overcome adverse court decisions.
"Looking beyond the ADA, there is much more that can be done to enhance the status
of Americans with disabilities. As President I would pursue a bold and aggressive
disability agenda, including the following:
-Fully fund the Individuals with Disabilities Education Act (IDEA). When IDEA
was enacted, Congress promised to pay 40 percent of the average per-pupil expenditure
educating children with disabilities. Federal funding has never come close to
meeting that promise; in FY 2002, federal funds constituted 18 percent of this
cost. This has been a burden on local ratepayers and has led to diminished services
many note takers, interpreters and other individuals hired to assist persons with
disabilities in the classroom have been terminated. The federal government should
fully fund its promised share of IDEA.
-Enact the Family Opportunity Act. This proposal would expand Medicaid coverage
to children with severe disabilities living in middle income families. Currently,
such families face an untenable dilemma: stay impoverished, place their child
in an out-of-home placement, or relinquish custody to secure needed health care
services. My health care plan would expand insurance coverage for children up
to 300% of poverty and this Act would address the remaining need.
-Require every federal agency to demonstrate full compliance with laws protecting
the rights of individuals with disabilities. The federal government should be
a model of civil rights compliance; each federal agency should demonstrate on
an ongoing basis that it respects the rights of people with disabilities. For
example, agencies should ensure that newly purchased electronic equipment is compatible
with existing assistive technologies such as screen-reading software and Braille
display units.
-Appoint a "Special Assistant to the President for Disability Policy." This staff
member would be responsible for implementing my disability agenda and ensuring
agency compliance with existing laws.
-Include people with disabilities in a wide spectrum of executive appointments.
Individuals with disabilities provide a valuable perspective on federal policy
and contribute immeasurably to the fabric of our nation.
-Hold a White House Conference on People with Disabilities. This conference would
develop a long-term agenda to modernize federal programs serving individuals with
disabilities so that they achieve full participation, independent living, economic
self-sufficiency and equality of opportunity.
"My campaign is about restoring community. For too long, individuals with disabilities
have been on the outskirts of their communities, unable to fully participate in
civic life. Thirteen years ago, Congress enacted the ADA to bring Americans with
disabilities into the mainstream. As President, I will work to strengthen the
ADA, add new protections, and ensure that disability is no barrier at all to full
participation in the American community."
To read more about Deanıs positions on disability issues, please go to: http://www.deanforamerica.com/pressd_ame/disablericans/2003/07/25/disability_rights_platform/
John Edwardsı Fact Sheet: Fighting For Americans With Disabilities
"We're a nation where every person has equal value, every dream deserves an equal
chance, and every soul should be as equal in the law of the land as it is in the
eyes of God."
- Senator John Edwards, 6/17/03
In America, every person should have the chance to live up to his or her potential
at work and in our communities. Too often, people with disabilities don't have
that opportunity because unfair obstacles get in their way. John Edwards believes
we must break down these barriers, and he has a comprehensive agenda to give every
American equal opportunity.
Expand Education and Employment Opportunities
* Quality education for children with disabilities. The federal government has
been funding less than half its share of the Individuals with Disabilities Education
Act (IDEA). Edwards has repeatedly voted to fully fund IDEA, and he believes we
must promptly get on the path to full funding so that children with disabilities
receive the education they deserve. Edwards also opposes Republican efforts to
roll back key provisions of the law. Whether it is denying access to attorneys
by putting artificial caps on fees or stripping children with disabilities of
civil rights under the guise of reforming discipline rules, we must stop rollbacks
of IDEA. And we need stronger enforcement by the Department of Education so children
with disabilities receive the education they deserve.
* Breaking Down Barriers. Students with disabilities often have difficulty finding
an internship, the doorway many students use to get a paying job after graduation.
Edwards' Breaking Down Barriers initiative will offer resources to enable high
school and college students who may not be working today to join the workforce:
v Give Students Meaningful Job Experiences. Edwards will help students with disabilities
in high school and college find internships and entry-level jobs. For high school
students, the experience will create a sense of the possibilities in their future
and encourage further education. For college students the experience will provide
valuable skills and help with finding jobs after graduation.
v Educate Employers and Opening Doors: Breaking Down Barriers will help eliminate
stereotypes and misconceptions about people with disabilities that prevent them
from getting work. The program will partner with national business leaders to
create opportunities for people with disabilities. Employers who have a positive
experience will likely be more willing to hire someone with a disability in the
future.
v Build Partnerships Between Schools, State Support Providers, and Employers:
The Breaking Down Barriers initiative will award competitive grants to local agencies
already working with people with disabilities: employment networks, state rehabilitation
services agencies, community organizations, and school districts. These agencies
will run local Breaking Down Barriers programs, build partnerships with businesses
and schools, and recruit and place students.
To read more about Edwardsı positions on disability issues, please go to:
http://www.johnedwards2004.com/page.asp?id=474
© 2004 ConnSENSE Bulletin
