New AT Bill Provides
More Direct Aid
-
IDEA Reauthorization - No Action
Taken Yet
- FY ¹05 Budget Update
- Kennedy, Miller Introduce
No Child Left Behind Fairness Act
- New Assistive Technology Bill Provides More Direct Aid to Individuals
with Disabilities
- House Holds Hearing on Perkins Act
- House Subcommittee Looks at Status of People Living with Disabilities
in the U.S.
- IDEA General Supervision Enhancement Grant
- OSERS Requests Input
- Early Learning Opportunities Act Grants
IDEA Reauthorization - No Action Taken Yet
CEC held its annual Children and Youth Action Network (CAN) Workshop last
week. During the last day of the meeting, our CAN Coordinators went to Capitol
Hill to meet with their members of Congress on issues important to the special
and gifted education fields. Many of the CAN Coordinators reported that
during their Hill meetings, House and Senate congressional members, as well
as their staffers, indicated that it is unlikely that IDEA will make it
to conference. To date, no conferees have been appointed.
As we reported in our May 13 Update, the IDEA conference process may not
occur quickly, if at all. This has been one of the most politically contentious
years in memory on Capitol Hill, and time is not on our side.
Very little significant legislative work has been, or will be, done in Congress
this year due to the bickering between the Republicans, who control the
majority of seats in both the House and Senate, and the Democrats. One of
the most volatile issues is Democrat participation in conference committees.
When House and Senate leadership appoint conference committee members, the
expectation is that all the members will have the opportunity to meaningfully
participate in the negotiation process that creates conference agreements.
However, the Democrats feel that they have not had the opportunity to let
their voices be heard during conference committee meetings in the 108th
Congress. For that reason, the Democrats in the Senate would like a pre-conference
agreement in writing before they elect to move forward on going to conference
with the House on IDEA. In fact, many Hill staffers believe that an IDEA
conference will not happen until after the November elections.
Take Action. We need to encourage Senate Democrats to appoint conferees,
and move the conference process forward. If you live in South Dakota, please
call or write to Senate Minority Leader Tom Daschle (D-SD) and ask him to
appoint conferees for IDEA reauthorization NOW. His D.C. phone number is
(202) 224-2321. You can get more contact information about Sen. Daschle
from CEC¹s Legislative Action Center. Simply go to http://capwiz.com/cek/dbq/officials/
and click on South Dakota in the map of the U.S.
******************************
FY ¹05 Budget Update
House GOP leadership had agreed to allow House Appropriations Committee
Ranking Member Obey (D-WI) to offer a freestanding resolution, H.Res. 685,
first order of business on Thursday, which would have added $14.2 billion
to the "deemed" FY Œ05 overall discretionary spending limit of $821.4 billion.
Unfortunately, the resolution failed (the vote total was not yet available).
Of the $14.2 billion, $5.7 billion would have gone to education. The resolution
would have specifically added: $1.5 billion for Title I grants; $1.2 billion
to IDEA Part B; $2.2 billion for Pell Grants to increase the maximum Pell
Grant Award by $450 to $4,500; $500 million for school improvement; and
$300 million for after school programs. These amounts would have been in
addition to the funding levels in the President¹s FY Œ05 request.
Obey¹s resolution also provided $5 billion for deficit reduction and would
have been offset by scaling back tax cuts for those earning $1 million or
more.
House GOP leaders promised Obey a vote on his resolution in exchange for
his cooperation during the FY Œ05 appropriations process. This resolution
would have allowed for floor debate and visibility on education funding
before the November elections, since a regular FY Œ05 Labor, HHS, Education
appropriations bill is unlikely to reach the House floor this year.
There was 90 minutes of debate evenly divided between the majority and minority.
This could be the only time education funding has a vote on the floor prior
to the elections.
CEC, as part of the Consortium for Citizens with Disabilities (CCD), had
signed onto a letter in support of the Obey resolution. The letter was sent
to the entire House of Representatives. We supported this resolution because
children with disabilities and their families will greatly benefit from
it. First, by increasing funding for Part B of the Individuals with Disabilities
Education Act (IDEA), students with disabilities in our public schools would
have greater access to the services, technologies and qualified personnel
they need to be academically successful. Second, by increasing funding for
after-school programs, students with disabilities would have greater opportunities
to receive the supportive services they need to be successful in life.
******************************
Kennedy, Miller Introduce No Child Left Behind Fairness Act
(Following is a press release issued by the lead Democratic members of
the House and Senate Education Committees.)
Representative George Miller (D-CA) and Senator Edward Kennedy (D-MA) June
17 introduced legislation, the No Child Left Behind Fairness Act of 2004,
that would require the Bush Administration¹s Department of Education to
adhere to its own new rules for determining whether public schools have
met a key measurement of student achievement under the federal No Child
Left Behind Act.
The new legislation would bring relief to potentially thousands of schools
that may get an unfair grade by the Department because of its refusal to
apply its own new rules retroactively. Miller and Kennedy are co-authors
of the education law.
Under pressure from Democrats and school officials, the Department finally
issued revised rules regarding ³Adequate Yearly Progress,² or AYP, a key
element of the historic federal education law. But the Department refuses
to allow schools to apply these new rules to tests that were taken last
year, meaning that for an additional year these schools will be held to
a standard higher than the Department has determined is appropriate.
The Miller-Kennedy legislation says that schools can use the new criteria
in determining whether they met the AYP goal for the tests they took last
year, as well as the tests they are taking this year.
³This common-sense bill would allow schools to apply the same set of rules
developed by the Department of Education to both this year¹s test results
and to last year¹s test results,² said Miller and Kennedy. ³It is a fair,
consistent objective that will increase support for the goals of No Child
Left Behind and ultimately strengthen this historic education reform.
³We have been outspoken in our criticism of the Administration for failing
to adequately fund and properly implement the law. But make no mistake --
we stand firmly in favor of the No Child Left Behind Act. We simply believe
that the Department must apply its rules fairly, which it is refusing to
do.
³The Department of Education took two years to issue new guidelines that
help schools comply with No Child Left Behind, a delay that helped to fuel
resistance to the law. Now, since the Department is unfairly denying schools
the ability to have their performance judged by clear and consistent rules,
the Congress must act,² Miller and Kennedy said.
³Unless the NCLB Fairness Act is enacted, thousands of schools could be
misidentified as needing improvement, which will steer already inadequate
resources away from the schools that most need them - those that are rightly
identified as needing improvement,² the lawmakers said.
³The goal of No Child Left Behind is to close the achievement gap between
students who already are succeeding and those who need help catching up.
Labeling the wrong schools as needing improvement will only put that goal
further out of reach,² they added.
AYP is the measure established under No Child Left Behind to ensure that
schools are making sufficient progress toward helping all students learn
and reach the academic standards established by their state. The federal
law requires all students to be proficient in the standards established
by each state by 2014, 12 years after the bipartisan legislation was signed
into law.
Miller and Kennedy joined many school officials in repeatedly pointing out
to the Bush Administration that when it came to measuring the results of
students with disabilities and students of limited English proficiency,
the regulations for the law needed clarification. The Department finally
issued revised regulations beginning in December 2003 explaining how schools
must count the test scores of those particular students when calculating
their AYP results.
However, the Department refuses to apply these new rules to schools for
the purposes of calculating the scores of tests that schools administered
last year. By failing to allow the rules to be applied retroactively, thousands
of schools that would meet AYP under the new standard will fail to do so
under the old standard.
³In effect, the Department is admitting that it is going to continue to
judge schools by a standard that it no longer believes is fair,² Miller
and Kennedy said.
Miller is the senior Democrat on the House education committee. Kennedy
is the senior Democrat on the Senate education committee. They were the
principal co-authors the No Child Left Behind Act in 2001, along with Representative
John Boehner (R-OH) and Senator Judd Gregg (R-NH).
To read the full text of the bill, go to the Thomas Web site at: http://thomas.loc.gov
and search for bill number S. 2542.
******************************
New Assistive Technology Bill Provides More Direct Aid to Individuals
with Disabilities
Bill Contains Many CEC Recommendations
The Council for Exceptional Children (CEC) applauds the new assistive technology
bill, which expands access to technology for individuals with disabilities.
The U.S. House of Representatives passed the bill on June 14, 2004.
³Through this important legislation, more students with disabilities will
have better access to assistive technology devices,² says Suzanne Martin,
CEC president. ³As a result, more students will be able to master educational
content, live independently, and enjoy a higher quality of life.²
The House assistive technology bill:
€ Provides state grants to purchase assistive technology devices and services.
€ Requires states to focus most of the funding on the assistive technology
needs of individuals with disabilities and on direct assistance to those
individuals to help them obtain assistive technology devices and services.
€ Encourages states to invest in the programs that have been shown most
effective in providing assistive technology devices.
CEC is also pleased to announce that the bill contains many of the Council¹s
notable recommendations. CEC and its Technology and Media Division worked
closely with the House Committee on Education and the Workforce to ensure
the legislation focused on providing assistive technology devices and training
to individuals with disabilities.
The Senate is developing its bill on assistive technology, and was planning
on introducing it this week. CEC will provide further details once we¹ve
reviewed the bill.
To read CEC¹s recommendations for the Assistive Technology bill, go to http://www.cec.sped.org/pp/ATRecommendations.pdf
******************************
House Holds Hearing on Perkins Act
On Tuesday, June 15, 2004, the Education Reform Subcommittee of the House
Education and the Workforce Committee held a hearing on H.R. 4496, the Vocational
and Technical Education for the Future Act. H.R. 4496 is the Committee¹s
bill to reauthorize the Carl D. Perkins Vocational and Technical Education
Act, also known as the Perkins program.
Subcommittee Chair Michael Castle (R-DE) began the hearing outlining key
provisions in the bill, including model sequences of courses, and the funding
merge but continuation of tech prep.
According to a Subcommittee press release, the Vocational and Technical
Education for the Future Act would help states better utilize federal funds
for secondary and postsecondary vocational education programs, increase
accountability and emphasize student achievement, and strengthen opportunities
for coordination between secondary and postsecondary vocational and technical
education.
In her opening remarks, Ranking Member Lynn Woolsey (D-CA) expressed her
regret that members had not had more time to review the bill before it was
introduced, but said she was pleased that H.R. 4496 was based on current
law and not the Administration¹s proposal. She also asked Chairman Castle
if her understanding that members would still have time to change the bill
before it was voted on was correct; Chairman Castle assured her that this
was the case. She then noted her two areas of concern: (1) increasing access
for special population students, and (2) the removal of the secondary non-trad
performance measure.
Also in attendance were Representatives Tom Osborne (R-NE), Judy Biggert
(R-IL), Susan Davis (D-CA), Chris Van Hollen (D-MD), and Committee Chair
John Boehner, who introduced the first speaker: Dr. Robert D. Sommers, CEO
of Butler Technology and Career Development Schools in Fairfield Township,
Ohio. Katharine Oliver, Assistant State Superintendent, Career, Technology
and Adult Learning, Maryland State Department of Education in Baltimore,
Maryland and NASDCTEc Board member; Mimi Lufkin, Executive Director, National
Alliance for Partnerships in Equity; and Robin White, Senior Program and
Policy Director, Academy for Educational Development, National Institute
for Work and Learning in Washington, D.C. also testified.
Dr. Sommers applauded the Committee¹s work on H.R. 4496, noting that the
bill ³builds on the rigorous and challenging academic foundation established
by the No Child Left Behind Act and supports the development of high quality
essential technical skills.² He outlined key provisions in H.R. 4496 that
he supports: the new definition for CTE; model sequences of courses; the
merger of Tech Prep into the Basic State Grant; sanctions for poor performance;
continued support of career information and the separation of secondary
and postsecondary performance measures. Dr. Sommers called on the Committee
to restore state and local administration back to 5%, as well as reinstate
current law¹s maintenance of effort provisions. The balance of his testimony
focused on accountability provisions, encouraging the Committee to ³stay
the course² noting that ³if you get the accountability system right, all
the other mandated and permissive components will occur naturally.²
H.R. 4496 includes a provision for states to create model sequences of courses
to better facilitate coordination between secondary and postsecondary academic
and vocational and technical programs leading to a degree or credential.
Katharine Oliver, assistant state superintendent for career technology and
adult learning for the Maryland Department of Education, applauded the model
sequences of courses and explained how a similar initiative has been successful
in her state.
³Model sequences of courses highlight career and educational options and
prepare students and their parents to make informed decisions. They help
students navigate the world of opportunity by highlighting what courses
to take to reach diverse career and educational goals,² said Oliver. ³Model
sequences of courses are like road maps that display the various routes
for the journey to one¹s destination. They outline the classes necessary
for high school graduation and highlight additional academic and [career
and technical education] courses, as well as recommend other experiences,
such as internships, that supplement classroom learning. They also help
high school students focus on their own future and provide the information
needed to make decisions about high school and college.²
Reforms made to the Perkins Act in 1998 increased the focus on academic
and technical skills, and on ensuring students complete their programs and
transition into successful employment or further education. The Vocational
and Technical Education for the Future Act would build on the 1998 reforms,
increasing the emphasis on accountability and student academic achievement
and updating programs to reflect the changing needs of America¹s education
and workforce systems. A summary of the bill can be viewed online at http://edworkforce.house.gov/issues/108th/education/voced/billsummary.htm.
To see the complete witness list, and links to their testimony, go to: http://edworkforce.house.gov/hearings/108th/edr/voced061504/wl61504.htm
Although no schedule has been set, it appears that the mark-up of H.R. 4496
will not occur until after the July 4 recess. The Senate Committee on Education
and the Workforce was planning to hold a hearing on the Perkins Act on Thursday,
June 24.
CEC thanks the National Association of State Directors of Career Technical
Education Consortium for their contributions to this update.
******************************
House Subcommittee Looks at Status of People Living with Disabilities
in the U.S.
According to the United States Census Bureau, there are currently over 89
million individuals in the United States living with some form of disability.
Unfortunately, a majority of this underserved population doesn¹t enjoy nearly
the same quality of life that many of us take for granted everyday. Rep.
Dan Burton (R-IN), Chairman of the Subcommittee on Human Rights & Wellness
of the House Government Reform Committee, held a hearing on Thursday to
examine the quality of life experienced by persons with disabilities in
the U.S. In addition, the Subcommittee plans to discuss a wide range of
efforts on the part of the Federal Government, as well as non-governmental
organizations to expand the participation of and contributions from this
population of America. The Subcommittee has oversight responsibilities associated
with health care and civil liberties issues within the United States and
abroad.
The Subcommittee¹s oversight hearing was entitled ³Living with Disabilities
in the United States: A Snapshot.²
³I believe, as our forefathers did, that every American has the inherent
right to participate in and contribute to their community, and society as
a whole,² stated Chairman Burton. ³At present, there is a staggering number
of Americans who suffer from some sort of disability, and it is the duty
of their government to ensure they are receiving equitable protection under
the law.²
Witnesses testifying before the Subcommittee include:
The Honorable James R. Langevin (D-RI-02)
United States Congressman
The Honorable Troy Justesen
Acting Assistant Secretary
Office of Special Education and Rehabilitative Services
United States Department of Education
The Honorable Don Young
Deputy Assistant Secretary
Office of Health Policy
United States Department of Health and Human Services
Mr. Alan A. Reich
President
National Organization on Disability
Mr. Robert David Hall
Actor, CSI: Crime Scene Investigation
Double Amputee
Dr. Peter Blanck
Charles M. & Marion Kierscht Professor of Law
Director, Law, Health Policy, & Disability Center
University of Iowa College of Law
Mr. John Register
Manager
Paralympic Academy, U.S. Paralympics
United States Olympic Committee
This is the Subcommittee¹s first hearing on persons living with disabilities.
For more information, or to access hearing resource materials, please visit
the Subcommittee¹s website at www.reform.house.gov/WHR.
******************************
IDEA General Supervision Enhancement Grant; Notice Inviting Applications
for New Awards for Fiscal Year (FY) 2004
Source: Federal Register: June 14, 2004 (Volume 69, Number 113)
Purpose of Program: This program provides technical assistance and information
that (1) support States and local entities in building capacity to improve
early intervention, educational, and transitional services and results for
children with disabilities and their families; and (2) address goals and
priorities for improving State systems that provide early intervention,
educational, and transitional services for children with disabilities and
their families.
Applications Available: June 14, 2004.
Deadline for Transmittal of Applications: July 23, 2004.
Complete information is available online at http://www.ed.gov/legislation/FedRegister/announcements/2004-2/061404a.html
******************************
OSERS Requests Input
Source: Federal Register: June 22, 2004 (Volume 69, Number 119)
The following requests for comments from the Office of Special Education
and Rehabilitative Services [OSERS] were recently published in the Federal
Register:
Comment Request; Report of Infants and Toddlers Receiving Early Intervention
Services and of Program Settings Where Services are Provided in Accordance
with Part C, and Report on Infants and Toddlers Exiting Part C [OSERS].
For complete information go to http://www.ed.gov/legislation/FedRegister/other/2004-2/062204f.html.
Comment Request; Report of Children with Disabilities Receiving Special
Education under Part B of the Individuals with Disabilities Education Act
[OSERS]. For complete information go to http://www.ed.gov/legislation/FedRegister/other/2004-2/062204a.html.
Comment Request; Part B, Individuals With Disabilities Education Act Implementation
of FAPE Requirements [OSERS]. For complete information go to http://www.ed.gov/legislation/FedRegister/other/2004-2/062204c.html.
******************************
Early Learning Opportunities Act Grants
Grant applications are now available for the Early Learning Opportunities
Act. To find out how to apply and to get an application package, address
your request for an application package to: ACYF Operations Center, c/o
The Dixon Center, Inc., ELOA/CCB, 118 Q Street NE., Washington, DC 20002-2132,
1-866-796-1591, CCB@dixongroup.com
DEADLINE: The closing time and date for submission of applications is July
27, 2004. Mailed applications postmarked after the closing date will be
classified as late.
Funds will be awarded to Local Councils that have been designated, as evidenced
in a letter of designation, by an entity of local government, an Indian
Tribe, Regional Corporation, or Native Hawaiian entity, as the Local Council
for the purposes of applying for an ELOA grant. Local Councils must submit
the results of a current needs and resources assessment and a plan, addressing
the most significant needs. Local Councils are encouraged to promote the
involvement of faith-based and community organizations and providers.
Local Councils must include: Representatives of local agencies that will
be directly affected by early learning programs assisted under the ELOA;
parents; other individuals concerned with early learning issues in the locality,
such as representatives of entities providing elementary education, child
care resource and referral services, early learning opportunities, child
care, and health services; and, other key community leaders.
ELOA funds may be used to develop, operate, or enhance voluntary early learning
programs that are likely to produce sustained gains in early learning. To
be considered for funding, applications must include activities for ``enhancing
early childhood literacy'' AND two or more of the other allowable activities:
promoting effective parenting; helping parents, caregivers, child care providers,
and educators increase their capacity to facilitate child development and
promote learning readiness; developing linkages among and between early
learning programs and health care services for young children; increasing
access to early learning opportunities for young children with special needs;
increasing access to existing early learning programs by expanding the days
or times that young children are served, by expanding the number served,
or by improving the affordability of the programs for low-income families;
improving the quality of early
learning programs through professional development and training activities,
increased compensation, and recruitment and retention incentives for providers;
and removing ancillary barriers to early learning, including transportation
difficulties and absence of programs during nontraditional work times.
ELOA funds may only be used for young children from birth to the age of
mandatory school attendance in the State where the child resides. Construction
and purchase of real property are not allowable.
© 2004 ConnSENSE
Bulletin
