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Senate Democrats Call for Effective Implementation of School Reforms

  • FY '04 Budget Update
  • Senate HELP Committee to Consider OSERS Chiefís Nomination

  • Senate Democrats Call for Effective Implementation of School Reforms

  • What Works Clearinghouse Building Registry of Outcome Evaluators

  • Second Quarter 2004 OSEP Policy Documents on the Education of Infants,
  • Toddlers, Children, and Youth with Disabilities Now Available Online



  • FY '04 Budget Update

    On Wednesday morning, the Senate Appropriations Committee marked-up (considered) S. 2810, its FY '05 Labor, HHS, and Education Appropriations bill. Overall the bill provides a $3.2 billion, or 5.7% increase, for education over FY '04, bringing total Department of Education spending close to $59 billion. The House, which passed its bill (H.R. 5006) on September 9, provides education with a $2 billion, or 3.6% increase over FY '04.

    Despite the small increases in education funding under the two bills, both are indicative of the sharp decline of increases for education funding. In FY '04, ED's budget was increased 4.8 percent, and the year before it was increased 6.4 percent. However, in FY '02, the increase was 18.2 percent, and in '01 the increase was 18.6 percent over the previous fiscal year.

    While the Senate Committee marked up its bill, Senator Specter (R-PA) was able to provide more funds for the bill by shifting mandatory Supplemental Security Income (SSI) payments from FY '05 to the beginning of FY '06. This would circumvent busting the overall discretionary spending ceiling of $142.3 billion for the bill, which overall is $200 million less than the House bill.

    No amendments directly affecting discretionary education funding were approved. A summary of the education-related portions of the bill follows:

    No Child Left Behind--$25.3 billion to help implement the No Child Left Behind Act. This amount is $7.9 billion, or 45.5%, more than the amount available for comparable programs before Congress passed the Act in December 2001.

    Title I Grants to Local Educations Agencies (LEAs)--$13.5 billion, an increase of $1.1 billion over the FY'04 bill, for the key federal program supporting the No Child Left Behind Act. At this proposed level, funding will have increased by 53.6% since the Act was passed.

    Special Education Grants to States--$11.2 billion, an increase of $1.161 billion over FY'04 and $161 million over the President's request.

    Reading Programs--$1.2 billion for programs that are designed to ensure all children are reading by the end of 3rd grade, and for a new $25 million program to help teenagers struggling to read. Total funding is $78.6 million over last year.

    Teacher Quality State Grants--$2.975 billion, an increase of $45 million over last year. This program supports state and local efforts to ensure that "highly qualified" teachers are available to help all children succeed academically.

    English Language Acquisition--$700 million, an increase of $18.8 million to help improve academic achievement of limited English proficient students and to develop the capacity of school districts to enable such students to learn English.

    Rural Education--$175 million, an increase of $7.2 million for additional assistance for rural school districts.

    Pell Grants--$12.8 billion, an increase of $823.3 million over FY'04 to support the Pell Grants program. Funding supports a maximum grant of $4,050, the same as last year. Pell grants provide need based financial assistance that helps more than 5 million low and middle-income undergraduate students and their families pay the costs of postsecondary education and vocational training.

    TRIO--At $844.5 million, TRIO, has been increased by $11.9 million over last year.

    GEAR UP--The bill provides $302.5 million, an increase of $4.3 million over FY'04.

    Strengthening Institutions of Higher Learning-- The Senate bill includes $522 million for strengthening institutions of higher education, an increase of $37 million over last year.

    The Senate bill restores a number of education programs eliminated in the President's budget, including: Elementary School Counselors -- $36 million, an increase of $2.2 million over last year; Smaller Learning Communities -- $174 million, the same as last year; and alcohol abuse reduction - $35 million, an increase of $5.2 million.

    Committee Report Language

    Following is the Senate Appropriations Committee report on the Labor/HHS/Education bill as it relates to special education. The full report is now available on Thomas at http://thomas.loc.gov/cgi-bin/cpquery/?&&dbname=cp108&&&r_n=sr345.108&&sel=

    SPECIAL EDUCATION
    Appropriations, 2004 $11,160,707,000
    Budget estimate, 2005 12,176,101,000
    Committee recommendation 12,406,516,000

    The Committee recommends $12,406,516,000 for special education programs authorized by the Individuals with Disabilities Education Act [IDEA]. The comparable fiscal year 2004 funding level is $11,160,707,000 and the budget request includes $12,176,101,000 for such programs.

    The Committee recognizes that Fetal Alcohol Spectrum Disorders [FASD], the most common known cause of mental retardation, result from maternal alcohol consumption during pregnancy. Affected children have a lifelong disability of mental impairments, behavioral problems, and developmental delays that reduce their ability to respond to the educational system. The burden to society is estimated at $5,400,000,000 from Fetal Alcohol Syndrome, one type of FASD alone, in 2003. The Committee is pleased with the efforts of the Office of Special Education and Rehabilitative Services to collaborate with other Federal agencies represented on the Interagency Coordinating Committee on Fetal Alcohol Syndrome, especially with respect to the involvement of educational psychologists and other educational and childcare professionals in developing awareness about FASD. The Committee encourages the Department of Education to expand activities related to FASD, specifically the early identification and care plan development of affected children.

    Grants to States
    The Committee recommends $11,228,981,000 for special education grants to States, as authorized under part B of the IDEA. The comparable fiscal year 2004 funding level is $10,068,106,000 and the budget request includes $11,068,106,000. This program provides formula grants to assist States in meeting the costs of providing special education and related services for children with disabilities. The Committee's recommended funding level represents more than 20 percent of the average per-pupil expenditure, compared with almost 19 percent under the fiscal year 2004 appropriation. Since fiscal year 2000, increasing appropriations have raised the Federal share of average per pupil expenditures from 12 percent to an estimated 20 percent in fiscal year 2005--half way to the 40 percent maximum established in the IDEA.

    Preschool Grants
    The Committee recommends $390,000,000 for preschool grants. The comparable fiscal year 2004 funding level and the budget request both are $387,699,000. The preschool grants program provides formula grants to States to make available special education and related services for children with disabilities aged 3 through 5.

    Grants for Infants and Families
    The Committee recommends $444,363,000 for grants for the infants and families program under part C of the IDEA. The comparable fiscal year 2004 funding level is $444,363,000 and the budget request includes $466,581,000 for this activity. This program provides formula grants to States to implement statewide systems of coordinated, comprehensive, multidisciplinary interagency programs to make available early intervention services to all children with disabilities, ages 2 and under, and their families.

    State Program Improvement
    The Committee recommends $51,061,000 for State program improvement grants. The comparable fiscal year 2004 funding level and the budget request both are $51,061,000 for these grants. This program provides competitive grants to State educational agencies to assist them, in partnership with parents, teachers, institutions of higher education, interest groups, and others, to improve results for children with disabilities by reforming and improving their educational systems.

    Research and Innovation in Special Education
    The Committee recommends $78,125,000 for research and innovation in special education. The comparable funding level for fiscal year 2004 and the budget request both are $78,125,000 for this purpose. This program supports competitive awards to produce and advance the use of knowledge to improve services and results for children with disabilities.

    Technical Assistance and Dissemination
    The Committee recommends $54,000,000 for technical assistance and dissemination. The comparable fiscal year 2004 funding level and the budget request both are $52,819,000 for these activities. Awards support institutes, regional resource centers, clearinghouses, and other efforts to build State and local capacity to make systemic changes and improve results for children with disabilities.

    Personnel Preparation
    The Committee recommends $93,357,000 for the personnel preparation program. The comparable fiscal year 2004 funding level and the budget request both are $91,357,000 for this program. Funds support competitive awards to help address State-identified needs for personnel who are qualified to work with children with disabilities, including special education teachers and related services personnel. The Committee continues to be particularly concerned about the shortages of qualified special education teachers and of higher education faculty to train those teachers. It intends that these funds be used to address both shortages.

    Parent Information Centers
    The Committee recommends $27,500,000 for parent information centers. The comparable fiscal year 2004 funding level and the budget request both are $26,173,000 for authorized activities. This program makes awards to parent organizations to support parent training and information centers, including community parent resource centers. These centers provide training and information to meet the needs of parents of children with disabilities living in the areas served by the centers, particularly underserved parents, and parents of children who may be inappropriately identified.

    Technology and Media Services
    The Committee recommends $39,129,000 for technology and media services. The comparable fiscal year 2004 funding level is $39,129,000 and the budget request includes $32,305,000 for such activities. This program makes competitive awards to support the development, demonstration, and use of technology, and educational media activities of value to children with disabilities. The Committee recommendation includes $11,400,000 for Recording for the Blind and Dyslexic, Inc. (RFB&D). These funds support the continued production and circulation of recorded textbooks, increased outreach activities to print-disabled students and their teachers, and accelerated use of digital technology. The administration proposed eliminating support of RFB&D for these activities.

    The Committee also recommends $1,500,000 to continue support of the Reading Rockets program. Last year, this program received $1,491,000. The administration proposed eliminating support for this program. This activity is authorized by section 687(b)(2)(G) of the Individuals with Disabilities Education Act, as amended. The Committee recognizes the progress of the Reading Rockets program, which is developing a wide range of media resources to disseminate research conducted by the National Institutes of Health, as well as other research concerning effective teaching strategies, early diagnosis of, and intervention for, young children with reading disabilities. These resources include an extensive web site, videos, and programming for television and radio broadcast. The Committee includes funding for the continued development and distribution of media resources to reach the parents and teachers of children with reading disabilities.

    State Assessments and Enhanced Assessment Instruments (Note: this program is under NCLBís state assessment account.)
    The Committee recommends $420,000,000 for State assessments. The comparable funding level for fiscal year 2004 is $390,000,000 and the budget request includes $410,000,000 for such activities. A key accountability measure in the No Child Left Behind Act requires annual State assessments in reading and mathematics for all students in grades 3-8 beginning in the 2005-2006 school year. The new assessments will be used to determine whether States, LEAs, and schools are making adequate yearly progress toward the goal of helping all students attain proficiency within 12 years of the 2001-2002 school year.

    This program has two components. The first provides formula grants to States to pay the cost of developing standards and assessments required by the new law. The statute includes funding `trigger amounts' for fiscal years 2002-2007; States may defer the new assessments if the appropriation falls below the trigger level. The trigger for fiscal year 2004 is $390,000,000 and it rises to $400,000,000 in fiscal year 2005. The Committee recommendation includes $400,000,000 for this purpose.

    Under the second component of State assessments--Grants for Enhanced Assessment Instruments--appropriations in excess of the trigger level are used for a competitive grant program designed to support efforts by States to improve the quality and fairness of their assessment systems. The Committee recommendation for the second component is $20,000,000. The budget request included $10,000,000 for enhanced assessment instruments. No funds were appropriated for this purpose in fiscal year 2004. The Committee is concerned that many schools are unable to properly assess the performance of students with disabilities and students with limited English proficiency. Therefore, the Committee urges the Department to place a high priority on grant applications that aim to improve the quality of State assessments for these two groups of students and to ensure the most accurate means of measuring their performance on these assessments. [emphasis added] The Committee recommends that grants should be used for such activities as developing alternate assessments for students with disabilities and for students with limited English proficiency; developing appropriate accommodations to ensure the full participation of these two groups of students in State assessments; and developing universally designed assessments that are accessible and valid for the widest possible range of students, including students with disabilities and students with limited English proficiency. The Committee also recommends that States that receive grants should submit a report to the Secretary regarding the participation of students with disabilities and/or students with limited English proficiency in State assessment programs and changes, if any, in these students' achievement levels as a result of more accurate assessments.

    Note in the above information that there are $20 million NEW dollars to work on assessments for students with disabilities and students with limited English proficiency.

    Youíll find a chart on the Senate Website that provides more details about the bill: http://appropriations.senate.gov/releases/labor-h.cmte.fy05chart.pdf

    Senate HELP Committee to Consider OSERS Chiefís Nomination

    Next Wednesday, the Senate Committee on Health, Education, Labor and Pensions (HELP) will consider President Bushís nominee for the post of assistant secretary of the Education Department's Office of Special Education and Rehabilitative Services (OSERS), John Hager.

    Hagerís confirmation appears likely, since both Republicans and Democrats on the Committee have noted their approval of him. The nomination must then clear the full Senate before becoming official.

    Hager recently served as Virginia's first director of homeland security. While he has not held an education-related position, Hager has promoted access to education, employment, and transportation for people with special needs. Hager has used a wheelchair since 1973 when he contracted polio.

    [Following are portions of a press release from Democratic members of the Senate Health, Education, Labor and Pensions Committee (HELP).]

    Senate Democrats Call for Effective Implementation of School Reforms


    On Monday, Democrats on the Health, Education, Labor and Pensions Committee (HELP) introduced S. 2794, the No Child Left Behind Improvement Act of 2004. The bill amends NCLB in a number of ways, and includes a new $50 million grant program to assist in the implementation of assessments for students with disabilities. Although it makes no fundamental changes in the requirements of that school reform law, it does set a better course to implement it, and to correct the several failures of the Bush Administration to do that.

    Since the enactment of the law two years ago, many problems have arisen in its implementation. The Administration has left schools without appropriate guidance on several key provisions. Parts of the regulations and guidance released by the Department of Education have threatened to weaken the impact of reforms to be carried out by schools and school districts, or have undermined schools' efforts to comply with the Act.

    "The No Child Left Behind Act contains essential reforms for the nation's schools. It's time to keep the promise of those reforms for all students across the country," said Senator Edward M. Kennedy (D-MA). "The Administration's implementation of the reforms has been inadequate and ideological. It has refused to support full funding as promised, and its ineffective implementation has undermined the reforms it said were so important."

    It took nearly two years for the Administration to issue the final regulations setting goals of "adequate yearly progress" for schools, revising the method by which states count limited-English-proficient students and students with disabilities. Democrats say that the regulatory delays subjected schools to confusing goals for improvement, and risked the misidentification of many schools as needing improvement.

    "Schools don't deserve this excessive burden in complying with the required reforms," Kennedy said. "The Department's delay in issuing adequate rules and guidance was a needless setback. The inexplicable refusal to give schools a fair chance to re-calculate their scores will result in schools mislabeled and resources denied to students who should have had them."

    Senator Jeff Bingaman (D-NM) added to those remarks. "The purpose of NCLB was to identify schools that need help and give them the resources they need to improve," he said. "Unfortunately, this Administration has lost sight of the intent of the law and has failed miserably in providing those resources to schools. This bill would re-focus federal efforts to provide the resources schools were promised." The Democrats' bill also provides $50 million in additional funding for schools to improve the quality and scope of student testing - especially for students with special needs and limited English skills.

    "The No Child Left Behind Act has been consistently underfunded. This has been a major problem for kids historically left behind - students with disabilities and those with limited English proficiency. I am particularly pleased that this bill will authorize additional funding to improve assessments for these children and ensure that tests accurately measure their knowledge. This is a much needed boost for our children and our schools," Senator Tom Harkin (D-IA) said.

    The Act also addresses other shortcomings of the Administration's implementation. The Improvement Act makes clear that schools must report disaggregated results on dropouts each year, ensuring that students do not fall through the cracks.

    Senator Patty Murray (D-WA) said, "This year, nearly 540,000 students will leave school without a diploma, drastically limiting their options for the future. The reform and accountability of the No Child Left Behind Act will fail students, and specifically certain populations, if we do not act on this problem. Our bill ensures accurate collection of information on graduation and dropout rates, so that we can focus resources on keeping at-risk students in school and keeping their futures bright."

    The Improvement Act also aims to enable teachers and para-professionals to meet required standards for teacher quality more effectively, in order to ensure all students receive the high-quality education they deserve.

    Senator Jack Reed (D-RI) stated, "One of the most important things that we can do for our students is to ensure that they are taught by qualified teachers. However, the Department's flawed NCLB implementation efforts have made it difficult for many experienced educators to demonstrate that they are highly qualified. The NCLB Improvement Act gives teachers and paraprofessionals a better opportunity to demonstrate their skills and meet the standards of NCLB, thereby helping to keep experienced and dedicated teachers and paraprofessionals in the classroom."

    Senator Kennedy and other Democrats on the Senate Health, Education, Labor, and Pensions Committee, including Senators Dodd, Harkin, Mikulski, Bingaman, Murray, Reed, and Clinton, introduced the No Child Left Behind Improvement Act.

    CEC SAYS: CEC supports increased funding for No Child Left Behind and its effective implementation. CEC will be working with Senator Kennedy and the other Democrats on the HELP Committee to better understand the provisions in this Act and how they will affect children with disabilities and gifts or talents.

    To read the complete press release, go to Senator Kennedy's Web site at: http://kennedy.senate.gov/index_high.html

    What Works Clearinghouse Building Registry of Outcome Evaluators

    The What Works Clearinghouse (WWC) is beginning to process information from individuals and organizations for listing in its Registry of Outcome Evaluators. The Registry of Outcome Evaluators is an online database containing the names of evaluators (both individuals and organizations) who conduct research on the effects of replicable educational interventions and are committed to the goals and standards of the WWC.

    This resource is designed to help schools, school districts, and educational program developers identify evaluators to conduct studies on educational outcomes. Registration forms are currently available for evaluators who would like to be included on the registry. Public access to the searchable database will be available in late Fall 2004.

    The information in the Registry is supplied solely by the evaluators themselves. Neither the What Works Clearinghouse (WWC) nor the U.S. Department of Education endorses any individuals or organizations listed in the Registry. Although the WWC does not verify the accuracy of the information submitted by the evaluators nor does it assess their qualifications, the WWC does check the information for completeness and internal consistency.

    The What Works Clearinghouse (WWC) was established by the U.S. Department of Education 's Institute of Education Sciences (IES) to provide educators, policymakers, researchers, and the public with a central and trusted source of scientific evidence of what works in education.

    To read more about the What Works Clearinghouse, see CEC's July 21 Policy Update at http://www.cec.sped.org/pp/legislative_update/modules/news/article.php?storyid=71

    Second Quarter 2004 OSEP Policy Documents on the Education of Infants, Toddlers, Children, and Youth with Disabilities Now Available Online

    Source: What's New at OSEP - September 9, 2004

    Second Quarter 2004 OSEP Policy Documents on the Education of Infants, Toddlers, Children, and Youth with Disabilities are now available online at: http://www.ed.gov/policy/speced/guid/idea/letters/2004-2/index.html

    © 2004 ConnSENSE Bulletin