|
Legislative Update: October 2009 |
By Laura Kaloi, Public Policy Director, NCLD
Published: October 19 2009
|
|
It's been a busy few months since we last updated you from our Washington, D.C. office. Today, the National Center for Learning Disabilities (NCLD) is sharing publications, announcing draft regulations and highlighting important news and events in the U.S. Congress and the Administration.
- Special Education Scorecards Updated
- New Parent Advocacy Brief: Understanding the ADA Amendments Act and Section 504
- Remembering Senator Edward M. Kennedy
- Senator Tom Harkin to Head HELP Committee
- Fiscal Year 2010 Federal Appropriations
- Early Learning Challenge Fund Clears House
- Foundations Sponsor Hill Forum on Recovery Act Funds for IDEA
- U.S. Dept. of Ed Releases Balance of Recovery Act Program Funds
- Race to the Top Fund Guidelines Released
- Advisory Panel Makes Recommendations on NAEP Participation of Students with Disabilities
- States Directed to Review Policies on Use of Restraint and Seclusion
- New Federal Grants Support Parent Training and Information Centers
- Guidelines for Students with Disabilities in Case of Flu Outbreaks
- EEOC Releases Proposed Regulations for ADA Amendments Act
- Common Core State Standards Initiative Releases Draft of College-and Career-Readiness Standards
New from The National Center for Learning Disabilities
Updated Special Education Scorecards Now Available
NCLD has updated its Special Education Scorecards. Scorecards provide each state's special education enrollment, including students with learning disabilities, student performance on key performance indicators, federal funding provided to states in support of special education, as well as the state's latest rating by the U.S. Department of Education regarding implementation of IDEA. Get your state’s Scorecard today.
Parent Advocacy Brief: Understanding the Americans with Disabilities Act Amendments Act and Section 504 of the Rehabilitation Act
NCLD’s new, free, Parent Advocacy Brief, Understanding the Americans with Disabilities Act Amendments Act and Section 504 of the Rehabilitation Act, provides an overview of the changes brought about by the Americans with Disabilities Act Amendments Act of 2008 and how these changes apply to Section 504 of the Rehabilitation Act — a law that applies more broadly than the ADA. Parents of students with learning disabilities and other disorders such as AD/HD should be sure to become familiar with this important information.
On Capitol Hill
Remembering Senator Edward M. Kennedy
On August 28, 2009, NCLD joined with millions of Americans in mourning the loss of Senator Edward M. Kennedy. Kennedy’s lifelong commitment to children and adults with disabilities is without parallel and his advocacy will be greatly missed. Among his long list of outstanding accomplishments, Senator Kennedy was an original cosponsor of the Education for All Handicapped Children Act of 1975, which later became the Individuals with Disabilities Education Act (IDEA). Visit TedKennedy.org for more information on the accomplishments of Senator Kennedy in the area of disability.
Alexa Posny, Ph.D., confirmed as Assistant Secretary, U.S. Department of Education
On October 5, 2009, Alexa Posny, Ph.D. was confirmed by the U.S. Senate as Assistant Secretary, U.S. Department of Education, Office of Special Education and Rehabilitative Services (OSERS). Dr. Posny is the commissioner of education for the state of Kansas and is a former member of NCLD's Professional Advisory Board. Read Secretary Arne Duncan's congratulatory statement.
Senator Tom Harkin to Head HELP Committee
Succeeding Senator Kennedy as Chairman of the Senate Committee on Health, Education, Labor, and Pensions is Senator Tom Harkin (D-IA). In accepting the chairmanship, Senator Harkin stated “To serve in this capacity is to carry on the legacy of Senator Ted Kennedy, who dedicated his life to ensuring that our economy works for all Americans, guaranteeing every child the opportunity to pursue a quality education and, of course, the cause of his life: access to quality, affordable health care for all Americans.” Read more of Senator Harkin’s comments.
Fiscal Year 2010 Federal Appropriations
On July 30, 2009, the U.S. Senate Appropriations Committee passed its bill allocating federal funds for the Labor, Health and Human Services, and Education agencies. The bill provides funds for IDEA programs at the FY 2009 amounts. The committee based its decision to maintain funding for IDEA at the FY 2009 rate in part on the IDEA funds made available in the American Recovery and Reinvestment Act (ARRA). Subcommittee Chairman Harkin, pointed out that because the bulk of ARRA money will be spent in FY 2010, the same time period covered by the FY2010 Appropriations Bill, appropriators couldn't ignore ARRA's increase. Deliberations on the final bill between the House and Senate are expected in November.
Early Learning Challenge Fund Clears House
On September 17, 2009, the House of Representatives passed the Student Aid and Fiscal Responsibility Act (H.R. 3221). The bill includes a new annual $1 billion Early Learning Challenge Fund, which would create competitive grants to be distributed jointly by the Department of Education and the Department of Health and Human Services. The grants challenge states to develop and build comprehensive, high-quality early learning systems for children up to age five, with an emphasis on increasing the number of disadvantaged children receiving quality early education. There are now a total of 14.1 million children in poverty nationwide. The Senate is expected to offer their bill before the end of the year.
Foundations Sponsor Hill Forum on Recovery Act Funds for IDEA
The American Recovery and Reinvestment Act (ARRA) is providing $11.3 billion in Individuals with Disabilities Education Act (IDEA) stimulus dollars to local school districts. At a July congressional forum, jointly sponsored by the Mitsubishi Electric America Foundation and the Emily Hall Tremaine Foundation, a panel of federal officials, advocates, and school administrators offered their thoughts on ways ARRA IDEA money might be spent to help improve academic outcomes for students with disabilities.
U.S. Dept. of Ed Releases Balance of Recovery Act Program Funds
On Sept. 4, 2009, the U.S. Dept. of Education (USED) released the second half of education funds provided by the American Recovery and Reinvestment Act (ARRA) — $11.37 billion — for Title I, IDEA, and Vocational Rehabilitation (VR). According to USED, these funds were released one month earlier than originally planned, in order to help save jobs and drive reform. USED awarded the first 50% of these funds on April 1, 2009.
At the same time, USED released new, expanded guidance for states and local school districts on recommended use of ARRA funds for Title I and IDEA. In addition, the Department released new guidance designed to help districts understand how various funding sources can be used to fund Response to Intervention. All newly released guidance is available on the U.S. Department of Education's web site.
Race to the Top Fund Guidelines Released
In late July 2009, the U.S.ED released its proposed priorities, requirements, definitions and selection criteria for awarding Race to the Top Fund competitive grants. The Race to the Top Fund is authorized by the American Reinvestment and Recovery Act (ARRA) and provides $4.35 billion dollars dedicated to education reform.
In commenting on the proposed guidelines, NCLD expressed concerns about:
- the use of IEP goals as an allowable measure of student achievement,
- the high priority on an expansion of Charter schools as a way to address low performing schools, and
- the use of NAEP scores as a way to measure student achievement and closing of the achievement gap (because of high rates of exclusion of students with disabilities in NAEP, see next story).
NCLD also recommended that state eligibility criteria to apply for Race to the Top Funds should include receiving a “Meets Requirements” rating on implementation of the IDEA from the U.S. Dept. of Education.
Education Department Begins Work on ESEA Reauthorization
On September 24, 2009, the U.S. Department of Education held the first of a series of public conversations on reauthorization of the Elementary and Secondary Education Act (currently known as No Child Left Behind). Education Secretary Arne Duncan provided opening comments, calling on everyone to join together to “build a transformative education law that offers every child the education they want and need.” Read Secretary Duncan's comments today.
The National Center for Learning Disabilities will be working closely with the U.S. Department of Education on this important reauthorization. NCLD has published several reports on how the current No Child Left Behind law is impacting students with disabilities, including learning disabilities. Read the LD.org article, "No Child Left Behind Act (NCLB): An Overview" for additional information.
Advisory Panel Makes Recommendations on NAEP Participation of Students with Disabilities
The National Assessment of Educational Progress (NAEP) is known as the nation’s report card, providing the only information on the reading and math skills of students in the U.S. that are comparable across states. However, the NAEP has been excluding far too many students with disabilities. For example, in 2007, only 66% of the students with disabilities selected to take the NAEP exam actually took the exam. This percentage for students with IEPs is likely even lower because NAEP includes students with Section 504 Plans in its definition of students with disabilities.
The National Assessment Governing Board (NAGB) formed a committee to examine the issue of high exclusion of students with disabilities and also appointed a technical advisory panel to make recommendations to address the problematic exclusion rates. In July 2009, the technical advisory panel presented its recommendations to NAGB. The NAGB has asked for public input regarding the recommendations at public hearings to be held October 19, 2009 in Los Angeles and November 9, 2009 in Washington, D.C. The NAGB also invites submission of written comment by October 23, 2009. Details on the public hearings and comment submission are available for review in this NAGB press release. NCLD will provide testimony at both hearings and will ensure you have the opportunity to comment to NAGB with us. The press release and summary of recommendations are available on the NAGB web site.
States Directed to Review Policies on Use of Restraint and Seclusion
On August 3, 2009, Education Secretary Arne Duncan sent a letter to Chief State School Officers, encouraging them to review current policies and practices on the use of restraint and seclusion techniques in schools and, if appropriate, develop or revise these policies to ensure the safety of students. This action came after testimony at a May hearing in the U.S. House of Representatives which indicated serious and widespread misuse of these practices. The U.S.ED will review all state policies and post a summary on its Web site to assist in the sharing of information that will help protect students. For more information, read "Abusive and Deadly Uses of Seclusion and Restraint" on LD.org.
New Federal Grants Support Parent Training and Information Centers
In August 2009, the U.S.ED announced the award of more than $4.5 million in grants to operate 16 special education parent information and training centers in 14 states, including targeted centers for American Indians and military families. Parent information centers provide parents with the training and information they need to work with special education professionals in meeting the early intervention and special needs of children with disabilities. The announcement of new grants is available on the U.S. ED web site. A complete listing of parent information and training centers nationwide is available on the Technical Assistance Alliance for Parent Center's Web site.
Guidelines for Students with Disabilities in Case of Flu Outbreaks
As part of its H1N1 Flu Information, the U.S.ED has issued guidance on flexibility and waivers for state departments of education, local school districts, post-secondary institutions, and other grantee and program participants. The guidance includes a section on students with disabilities whose attendance might be disrupted due to flu. The guidance is now available to download.
EEOC Releases Proposed Regulations for ADA Amendments Act
On September 23, 2009, the Equal Employment Opportunity Commission (EEOC) releases its proposed regulations and interpretive guidance to implement the ADA Amendments Act of 2008. The EEOC is responsible for enforcement of Title I of the ADA, which prohibits employment discrimination on the basis of disability. The proposed regulations are available online for review. NCLD will provide comments on the proposed regulations and will ensure you have the opportunity to comment with us.
Around Washington
Common Core State Standards Initiative Releases Draft of College- and Career-Readiness Standards
The Common Core State Standards Initiative is a joint effort by the National Governors Association Center for Best Practices (NGA Center) and the Council of Chief State School Officers (CCSSO) in partnership with Achieve, ACT and the College Board. Governors and state commissioners of education from across the country committed to joining a state-led process to develop a common core of state standards in English-language arts and mathematics for grades K-12. The standards are intended to be research and evidence-based, aligned with college and workforce training program expectations, reflective of rigorous content and skills, and internationally benchmarked. A first draft of the standards was released on September 21, 2009. Feedback is being accepted until October 21, 2009. The standards and more information are available on the Common Core State Standards Initiative web site.
|
|
|
|
|
