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Legislative Update
109th Congress
Washington, DC | December 2006 |
In this issue: 2007 Federal Funding Update
The 2007 fiscal year for the Federal government began on October 1, 2006. Yet Congress adjourned this month having passed only two of the 11 annual appropriations bills needed to fund government agencies, including the U.S. Department of Education. Prior to adjournment, Congress passed its third "Continuing Resolution" - a stopgap measure that temporarily funds federal programs at the current rate through Feb. 15, 2007. In-coming Chairmen of the House and Senate Appropriations Committees have announced their intention to enact a year-long Continuing Resolution (CR) that will fund the federal government agencies through September 30, 2007. The CR will not fund any of the "earmarks" contained in the 2006 spending bills. "Earmarks" amount to $7 billion -- $1 billion of which is in the funding for the Departments of Labor, Health and Human Services and Education (Labor-HHS-ED). Just how these funds will be reappropriated remains to be seen. Funding to support special education services for students with disabilities, including learning disabilities, continues to lag well behind the amount promised in the 2004 reauthorization of the Individuals with Disabilities Education Act (IDEA). Find out how much your state and Congressional district is owed in funding for education laws. Download State and Congressional District data compiled by the National Education Association. New Leadership in House and Senate
Following the shift in power in both the U.S. House of Representatives and the U.S. Senate as a result of the mid-term elections, Democrats and Republicans have announced appointments for Committee Chairmen and Ranking Members. Committees of particular importance to issues relating to special education and learning disabilities are those dealing with education and appropriations. In the House, the Education and Workforce Committee will be chaired by Representative George Miller (D-CA) with Representative Howard P. "Buck" McKeon (R-CA) serving as ranking member. Representative Miller laid out the issues that his committee will focus on during a press conference on Capitol Hill on December 12, 2006, including: reauthorizing the No Child Left Behind Act, the nation's largest federal education law: and, making college more affordable for America's middle class students by cutting interest rates and increasing the availability of student loans.
For more information on the legislative agenda in the House, read the press release. The House Appropriations Committee will be chaired by David Obey (D-WI) with Representative Jerry Lewis (R-CA) serving as ranking member. In the Senate, the Health, Education, Labor, and Pensions (HELP) Committee will be chaired by Senator Edward Kennedy (D-MA) with Senator Michael Enzi (R-WY) serving as ranking member. Senator Kennedy announced the legislative agenda for the HELP Committee in a statement on November 16, 2006, which echoes the priorities of the House. The statement is available here. The Senate Appropriations Committee will be chaired by Senator Robert C. Byrd (D-WV) with Senator Thad Cochran (R-MS) serving as Ranking Member. Supreme Court to Hear IDEA Case
On October 27, 2006, the Supreme Court agreed to consider an appeal by the parents of a child with autism to act as their child's lawyer in an IDEA case. The parents, Jeff and Sandee Winkelman, say they cannot afford a lawyer to argue their court case against the school district of Parma, Ohio, near Cleveland, over private school tuition for their son, Jacob. The U.S. Department of Education (USED) and Solicitor General (S.G.) both urged the Supreme Court to hear the case and to reverse the lower court's decision that parents may not represent their children in federal court, and must retain an attorney in order to execute their rights under IDEA. Additional information on the Winkelman case is available. NCLB Commission Holds Final Hearing
The No Child Left Behind Commission, a bipartisan, independent commission examining the strengths and weaknesses of NCLB, took final comments from the public at a hearing held September 25, 2006 in Washington, D.C. James Wendorf, Executive Director of the National Center for Learning Disabilities, provided oral testimony at the hearing. NCLD's testimony dealt with numerous issues regarding No Child Left Behind and students with learning disabilities. The NCLB Commission will make recommendations on how the law should be changed during the upcoming reauthorization process. Find more information about all of the Commission's activities here. U.S. Department of Education Invites Public Comment For IDEA Part D Plan
On November 27, the U.S. Dept. of Education issued a request for public comments and recommendations on the Proposed Comprehensive Plan for IDEA Part D National Activities. The request, which was published in the Federal Register, seeks public input on changes or clarifications to help improve the Comprehensive Plan for IDEA Part D. The Comprehensive Plan will assist in the implementation of national activities authorized under IDEA Part D, subparts 2 and 3, which includes: Personnel Development to Improve Services and Results for Children with Disabilities; Technical Assistance, Demonstration Projects, Dissemination of Information and Implementation of Scientifically Based Research Parent Training and Information Centers and Community Parent Resource Centers Technology Development, Demonstration, and Utilization; Media Services; and Instructional Materials Studies and Evaluation
For more information, see the Comprehensive Plan here. Comments on the Plan must be submitted to USED no later than January 11, 2007. The National Center for Learning Disabilities plans to provide input on the Plan. Congress Passes Combating Autism Act of 2006
In one of its final legislative activities prior to adjournment, Congress passed the Combating Autism Act of 2006 (CAA) which will provide almost $1 billion for research and public awareness. The CAA will fund activities for autism-related research, public awareness and early detection. According to the Centers for Disease Control, one in 166 children have an autism spectrum disorder and autism is now listed as the sixth most classified disability in the U.S. In addition, the number of students with an autism spectrum disorder enrolled in special education has increased six-fold from 1994 to 2003. This increasing prevalence coupled with the limited knowledge on the causes and treatment of autism led to the initiation and passage of the CAA. Previous Legislative Updates:
September 2006
May 2006
December 2005
October 2005
May 2005
April 2005
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