FY
'05 Budget Update
- FY 05 Budget Update
- GAO Issues Report on Unfunded
Mandates; Does Not Include NCLB
- Labor/Defense Memo Urges
Federal Hiring of College Students with Disabilities
- Census Bureau Releases
New Fact Sheet on Disability Statistics
- ED Requests Comments on
Proposed Funding Priority
- OSERS Issues IDEA Correspondence
List
FY 05 Budget Update
Senate Majority Leader Frist (R-TN) has postponed a vote on the conference
report on the FY 05 Budget Resolution until after the Memorial Day recess,
as the Senate lacked the necessary votes of at least two of the four dissenting
Republican moderates for its passage. GOP leadership is still negotiating
with the four Republican moderates who continue to oppose the one-year PAYGO
(Pay As You Go) deal: McCain (R-AZ), Collins (R-ME), Snowe (R-ME), and Chafee
(R-RI).
House Speaker J. Dennis Hastert (R-IL) publicly rebuked Senator McCain and
the rest of the Senate Republican moderates for hindering the passage of a
budget, which he has called the ³most fiscally responsible² since he has been
a Member of Congress.
If the Senate passes the conference report after the recess, it will bind
appropriators by the $821.4 billion overall discretionary spending ceiling
and would subject all amendments that go over the top line to a 60 vote point
of order.
Without a Budget Resolution, overall discretionary spending would be capped
at the discretionary spending total set in last yearıs budget resolution,
which was $814 billion. But Senate staff believe that the cap could be waived
easily since there is consensus that it is inadequate to accommodate must-pass
appropriations bill in an election year.
In addition, a Budget Process reform bill is unlikely to move if there is
no budget resolution.
House rules allow appropriators to move bills after May 15 in the absence
of a Budget Resolution. Since they already have a preliminary 302 (b) allocation,
the House Labor, HHS, Education subcommittee may mark up their bill soon after
the Memorial Day recess. The preliminary House allocation is $142.5 billion.
According to staff speculation, the FY 05 education funding bill may not
be marked up before late June or early July.
According to staff, House Democrats may offer a substitute education funding
bill that would provide significantly more funding for education offset by
rolling back the tax cuts for the top 1% of income earners.
According to Senate majority appropriations staff for Labor, HHS, Education,
a current draft of an FY 05 education funding bill is already well over the
House discretionary 302 (b) allocation of $142.5 billion, as the Presidentıs
budget assumes $1.5 billion in Medicare savings that have not been enacted.
Senate staff expect to accommodate the Presidentıs request for $1 billion
increases for both Title I and IDEA and to restore the majority of program
eliminations. That leaves little for other program increases and no funding
to increase the Pell Grant maximum award.
Senate majority appropriations staff have also speculated that a ³minibus²
strategy, where appropriators bundle two or more funding bills, may ensue
after the passage of the Defense, Homeland Security and Military Construction
funding bills.
On the Senate side, there is no sense of urgency among staff to move what
would likely be an unpopular FY 05 Labor, HHS, Education funding bill. They
expect to see continuing resolutions at FY 04 levels until Congress reconvenes
in 2005.
According to a cover story in Thursdayıs Washington Post, a recent
White House memo addressed to all federal agencies states that if the President
is reelected in November, his budget for FY 2006 will include cuts to all
domestic discretionary programs, including education. You can view the article
at http://www.washingtonpost.com/wp-dyn/articles/A58762-2004May26.html
Specifically, the memo instructs all agencies to assume the figures in the
OMB assumptions printout, which was leaked shortly after the Presidentıs FY
05 budget was unveiled, when crafting their FY 06 budgets this summer. Education
would be cut by $1.5 billion in FY ı06, wiping out 88% of the Presidentıs
proposed FY 05 increase of $1.7 billion.
Also, the memo instructs agencies to offset proposed increases with other
cuts to other accounts in the agenciesı budget, so virtually any increase
in one education program would mean cuts in other education programs.
Take Action!: Please go to CECıs Legislative Action Center and send
two messages to your Members of Congress: one urging them to co-sponsor legislation
that would support gifted and talented programs, and one asking them to co-sponsor
a bill to fully fund IDEA. Simply go to: http://capwiz.com/cek/mail/oneclick_compose/?alertid=1730181
and http://capwiz.com/cek/issues/alert/?alertid=5091656&type=CO
and enter your zip code to send your messages TODAY!!!!
GAO Issues Report on Unfunded Mandates; Does Not Include NCLB
The General Accounting Office has issued a report on the implementation and
impact of the Unfunded Mandates Reform Act (UMRA) entitled ³Unfunded Mandates:
Analysis of Reform Act Coverage.² GAO-04-637, May 12. http://www.gao.gov/cgi-bin/getrpt?GAO-04-637
Highlights - http://www.gao.gov/highlights/d04637high.pdf
The report reviewed which bills enacted in the last Congress were unfunded
mandates as defined by UMRA. UMRA has a very specific definition of unfunded
mandates, and among its exclusions are "enforceable duties that are conditions
of federal financial assistance or arise from participation in a voluntary
federal program."
Under the UMRA statutory definition, No Child Left Behind (NCLB) has not been
classified as an unfunded mandate because it falls within this exclusion.
U.S. Secretary of Education Rod Paige responded to the GAO report, stating
³The non-partisan GAO found that No Child Left Behind was in fact not an unfunded
mandate,ı as those who are opposed to accountability and education reform
have often portrayed it in the press.²
³The chorus of the 'unfunded mandate' has now been exposed for exactly what
it is,² Paige continued, ³--a red herring--trying to take focus off the true
subject at hand: changing the way we do things so that every child in America
is provided a quality education, regardless of her or his skin color, spoken
accent or street address.²
"According to the report, NCLB '[d]id not meet the UMRA's [Unfunded Mandates
Reform Act of 1995] definition of a mandate because the requirements were
a condition of federal financial assistance' and 'any costs incurred by state,
local or tribal governments would result from complying' with conditions for
receiving the funds,² the Secretary noted. ³As I have said many times before,
NCLB is a radical departure from the old ways of doing things: gone are the
days where taxpayers' hard-earned money was dispensed without any accountability
for whether children were achieving. If states do not want federal support,
they are not required to take the funds. It's that simple. But if they do,
we insist that they measure student progress so that they can diagnose areas
that need improvement and ensure that all students are indeed learning.²
However, GAO listed 10 "Selected Examples of Statutes with Potentially Significant
Impacts on Nonfederal Parties", and included NCLB on the list.
The GAO said: "The No Child Left Behind Act is a well-known example that has
intergovernmental implications, but was not identified as a federal mandate
under UMRA. No Child Left Behind provides federal grants for a host of education
programs, requires states to design and implement standards and assessments,
and provides financial penalties for states that fail to achieve certain standards
over 2 consecutive years. CBO stated that the bill does not contain any federal
mandates as defined by UMRA because any costs incurred by state, local, or
tribal governments would result from complying with conditions of financial
aid, a definitional exception under UMRA.
"Though it does not meet the UMRA definition of a federal mandate, No Child
Left Behind is still perceived as an "unfunded mandate" by some interested
parties. In a recent radio advertisement, the president of the National Education
Association described this act as a "huge unfunded federal mandate." In response
to our query, NCSL listed No Child Left Behind as one of the most important
statutes that was not identified as a federal mandate, but should have been.
A recent newspaper article identified 15 states with resolutions, bills, or
studies that "protest" in one form or another against the act. According to
the article, some states claim that significant impacts resulting from No
Child Left Behind may include the loss of funds if schools fail to make enough
progress, extra costs for tutoring and teacher training, and costs associated
with possible longer school days and summer school, all of which may be required
to meet standards set by the act."
Labor Secretary Chao and Defense Secretary Rumsfeld Issue Memo Urging Federal
Hiring of College Students with Disabilities
U.S. Labor Secretary Elaine L. Chao and U.S. Defense Secretary Donald H. Rumsfeld
are urging federal government agency heads to continue to enthusiastically
support a Bush Administration program that has successfully placed hundreds
of college students with disabilities in summer and permanent employment.
"The Workforce Recruitment Program (WRP) gives students with disabilities
the opportunities they need to start successful careers," said Secretary Chao.
"The program also fulfills President Bush's New Freedom Initiative pledge
to promote employment opportunities for people with disabilities throughout
the nation."
In a joint memorandum, both Secretaries said "President Bush's New Freedom
Initiative calls for expanding employment opportunities for Americans with
disabilities. The Workforce Recruitment Program (WRP) for College Students
with Disabilities can help the federal government lead by example in achieving
that goal. "Please encourage your selecting officials to consider the candidates
referred through this program for career development opportunities and permanent
employment."
Last summer, more than 300 students and recent graduates with disabilities
found summer or permanent jobs through WRP. The Labor Department estimates
that because of the popularity of the program, that number will likely be
exceeded by mid-summer 2004.
Through the WRP, the Labor Department's Office of Disability Employment Policy
(ODEP), in cooperation with the Department of Defense, offers a database of
almost 1,600 job seekers with disabilities on a complimentary CD-ROM. Private
and public sector employers can search for potential applicants by field of
study, state or school, in disciplines ranging from computer sciences and
business to communications engineering and office administration. Searches
generate candidate profiles, academic and demographic data and contact information
from applications recruited by the program from more than 180 colleges and
universities in over 40 states and territories. The CD-ROM and additional
information are available from www.wrpjobs.com
<http://www2.dol.gov/cgi-bin/leave-dol.asp?exiturl=http://www.wrpjobs.com&exittitle=www.wrpjobs.com>,
or by contacting ODEP at (202) 693-7880, or at www.dol.gov/odep
Census Bureau Public Information Office Releases New Fact Sheet on Disability
Statistics
The U.S. Census Bureau has issued a new Fact Sheet in honor of the upcoming
anniversary of the Americans with Disabilities Act. The Fact Sheet provides
statistics on population distribution, specific disabilities, earnings, and
those who served our nation. To read the entire Fact Sheet, go to: http://www.census.gov/Press-Release/www/releases/archives/facts_for_features_special_editions/001823.html
ED Requests Comments on Proposed Funding Priority
In the May 26, 2004 (Volume 69, Number 102) Federal Register, the Assistant
Secretary for the Office of Special Education and Rehabilitative Services
proposes a priority, definitions, and application requirements under the Special
Demonstration Programs focusing on developing models that adapt positive psychology
techniques for use by vocational rehabilitation (VR) professionals to improve
the employment outcomes of VR consumers. The positive psychology models developed
under this priority must incorporate effective, research-based principles.
The Assistant Secretary may use this priority, definitions, and application
requirements for competitions in fiscal year (FY) 2004 and later years. We
take this action to improve the quality of employment outcomes for VR consumers
through testing and measuring the effects of three specific positive psychology
techniques for use within State VR agencies.
Comments must be received on or before June 25, 2004.
Address all comments about this proposed priority, definitions, and application
requirements to Alfreda Reeves, U.S. Department of Education, 400 Maryland
Avenue, SW., Room 3314, Switzer Building, Washington, DC 20202-2645 (on or
before June 4, 2004); room 5040, Potomac Center Plaza, Washington, DC 20202-2645
(after June 4, 2004).
If you prefer to send your comments through the Internet, use the following
address: Alfreda.Reeves@ed.gov.
You must include the term ``SPECIAL DEMONSTRATION: POSITIVE PSYCHOLOGY'' in
the subject line of your electronic message.
For further information, contact Alfreda Reeves at (202) 205-9361 (on or before
June 4, 2004); (202) 245-7485 (after June 4, 2004); or via Internet: Alfreda.Reeves@ed.gov.
To read the complete notice, go to:
http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/04-11928.htm
or
http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-11928.pdf
OSERS Issues IDEA Correspondence List
Under section 607(d) of the IDEA, the Secretary is required, on a quarterly
basis, to publish in the Federal Register a list of correspondence
from the Department of Education received by individuals during the previous
quarter that describes the interpretations of the Department of Education
(Department) of the IDEA or the regulations that implement the IDEA.
This list identifies correspondence from the Department issued from January
2, 2004, through March 31, 2004. Included on the list are those letters that
contain interpretations of the requirements of the IDEA and its implementing
regulations, as well as letters and other documents that the Department believes
will assist the public in understanding the requirements of the law and its
regulations... For the complete list go to http://www.ed.gov/legislation/FedRegister/other/2004-2/052404d.html
© 2004 ConnSENSE
Bulletin
