The National Center for Learning Disabilities' (NCLD) Public Policy Office has had an extraordinarily busy year in 2009. We have worked on several pieces of legislation introduced by the U.S. Congress, commented on federal regulations and participated in a variety of vital federal policy activities. All of our work focuses on improving opportunities for children, adolescents and adults with learning disabilities (LD).

I'm writing to provide you with a brief review of the work we conducted during 2009 and encourage you to remain engaged with us in the coming year!

American Recovery and Reinvestment Act (ARRA)

February 2009 saw the swift passage of the American Recovery and Reinvestment Act (ARRA) — emergency legislation designed to help the American economy avoid disaster and depression. The ARRA contained billions of new funds for education, including $115 billion to support education initiatives. Of that, local school districts are receiving a one-time federal appropriation of $12.2 billion in support of the Individuals with Disabilities Education Act (IDEA), which includes:

• $11.3 billion for IDEA Part B Grants to States for school aged students
• $400 million for IDEA Part B Section 619 for preschool children
• $500 million for IDEA Part C Infants and Toddlers with Disabilities Program

School districts have until September 2011 to obligate the ARRA IDEA funds. NCLD provided input to the U.S. Department of Education (USED) on suggested ways that district might use these one-time funds. USED released guidance and recommendations to help districts make decisions and a new project, IDEA Money Watch, is keeping track of the spending.

The ARRA also provided $5 billion for discretionary grants to fund innovation through the Race to the Top Fund. In preparation, NCLD provided input and testimony on proposed regulations during regional hearings on a new grant program to fund the development of the next generation of student assessments.

Elementary and Secondary Education Act (ESEA)

In May 2009, new U.S. Secretary of Education Arne Duncan began a learning and listening tour to solicit feedback from a broad group of stakeholders around federal education policy in anticipation of the reauthorization of the nation's education law — the Elementary and Secondary Education Act (ESEA) currently known as No Child Left Behind. In addition, USED held Education Stakeholders Forums to explore key issues and gather input on issues ranging from innovative educational practices, special needs students and college and career readiness. NCLD attended each Forum to listen to experts, ask critical questions and contribute to the discussion.

Individuals with Disabilities Education Act (IDEA)

In June 2009, the IDEA Fairness Restoration Act, H.R. 2740 was introduced in the House of Representatives. The bill would allow prevailing parents to recover their expert witness costs in due process and litigation under the Individuals with Disabilities Education Act. This bipartisan bill — supported by NCLD — will help level the playing field and make the right to due process meaningful for parents across America.

In December, 2009, the annual appropriations process culminated in flat level IDEA funding in the Fiscal Year 2010 Federal Appropriations which passed the U.S. Congress as part of the Consolidated Appropriations Act. NCLD continues to work on the appropriation of adequate funding for IDEA.

Common Core State Standards Initiative

The Common Core State Standards Initiative — begun in 2009 — 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 College-and Career-Readiness Standards was released in September 2009. NCLD has been invited to participate in discussions with the NGA and CCSSO regarding the K-12 English-language arts and mathematics standards which are expected to be released in January, 2010.

Comprehensive Literacy Bill

In November 2009, the House (H.R. 4037) and the Senate (S. 2740) introduced complementary but not identical versions of a comprehensive literacy bill.  The LEARN Act would replace existing programs (Early Reading First, Reading First and the Striving Readers Act) to create much-needed federal support for comprehensive state and locally led literacy programs to ensure that children from birth to twelfth grade have the reading and writing skills necessary for success in school and beyond. It would authorize $2.35 billion to fund state and local school-based literacy programs that span from birth to grade twelve. The grants would provide dedicated funds for early childhood, elementary and adolescent literacy programs.  NCLD participated in the development of the draft bill and led efforts to ensure the incorporation of Multi-Tier System of Supports (aka Response to Intervention) and Universal Design for Learning.  We will remain actively engaged in recruiting cosponsors to the bill and supporting efforts to have it included in the reauthorization of the ESEA.

Abusive and Deadly Uses of Seclusion and Restraint

In 2009, we saw a flurry of activity around the abusive and deadly uses of seclusion and restraint in our nation's public schools. After the release of several reports and a Congressional hearing, the U.S. House of Representatives introduced legislation in December 2009. The U.S. Senate introduced a companion bill. NCLD will work to promote passage of this important legislation in 2010.

Americans with Disabilities Act Amendments Act of 2008

The Americans with Disabilities Act Amendments Act of 2008 (ADAAA) became effective on January 1, 2009. In September 2009, the Equal Employment Opportunity Commission published proposed regulations to implement the ADAAA provisions related to employment as well as access to graduate level testing accommodations for adults with LD. NCLD submitted joint comments with several other disability organizations to improve the regulations. Final regulations are expected in 2010.

The National Assessment of Educational Progress: The Nation's Report Card

The National Assessment of Educational Progress (NAEP) has long been considered the "Nation's Report Card" because it provides the only nationally representative report on how America's 4th  and 8th graders are performing in reading and math. However, a persistent lack of participation of students with disabilities prompted action by the NAEP governing board (NAGB). NCLD provided extensive comments to the NAGB to assist in the development of new policies to improve the participation rate of students with disabilities.

Publications

During 2009 NCLD continued its unparalleled work producing reports that provide accurate and data-driven information and recommendations to policy makers and the media to positively influence the education and disability policy debate.

The State of Learning Disabilities. This groundbreaking report provides an update on the status of children and adults with learning disabilities in America. It clarifies misperceptions about LD and provides benchmark data to compare and contrast how people with LD are faring in school and at work. The State of Learning Disabilities is being used to inform policy makers on Capitol Hill and will guide NCLD's policy and advocacy efforts over the next several years.

Special Education Scorecards. This major new initiative provides state-by-state data on 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.

NCLD's policy reports, including Challenging Change: How Schools and Districts are Improving the Performance of Special Education Students and Rewards & Roadblocks: How Special Education Students are Faring Under No Child Left Behind, continue to influence the shaping of public policy for students with disabilities.

In 2009, NCLD also produced two new Parent Advocacy Briefs — Understanding the Americans with Disabilities Act Amendments Act and Section 504 and Understanding the Standards-based IEP. Both guides offer essential information on critical topics and help parents advocate effectively for students with LD.

What's Ahead in 2010?

The new year is sure to bring more important work for NCLD to continue our efforts to protect and strengthen the rights and opportunities of children, adolescents and adults with LD.  NCLD is preparing to participate in key discussions particularly impacting school-age students with LD including:

• Common Core Standards for K-12 students in reading/language arts and mathematics — to ensure that a national initiative will fully include and consider how to align curriculum and instruction to rigorous standards for all students.
• Reauthorization of the nation's largest education law — the Elementary and Secondary Education Act (ESEA) — to promote an accountability and assessment system that fully includes students with LD so they have equal access and opportunity to high expectations, academic progress that leads to graduation from high school with a regular diploma.

NCLD will continue to keep you up-to-date on important issues and ask for you to take action with us when it matters most.

Thank you for all you've done to support NCLD during 2009. Best wishes for a happy and healthy new year!